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2018 Supreme(Guj) 132

M.R.SHAH, BIREN VAISHNAV
PORT OFFICER – Appellant
Versus
RAGHUBHAI GOVINDBHAI C/O NAYANBHAI K JOSHI – Respondent


Advocates Appeared:
For the Appellant :MS SEJAL K MANDAVIA, MR YOGEN PANDYA, ADVOCATE.

JUDGMENT :

M.R. SHAH, J.

1. As common question of law and facts arise in this group of Letters Patent Appeals and as such arise out of the common impugned common judgment and order passed by the learned Single Judge and as such Letters Patent Appeal Nos.2322/2017 to 2327/2017 are the Cross Appeals to the appeals preferred by the original workmen being Letters Patent Appeal Nos.2290/2017 with 2614/2017 to 2618/2017, all these Letters Patent Appeals are heard, decided and disposed of together by this common judgment and order.

2. The facts leading to the present Letters Patent Appeals in nutshell are as under:

2.1 That respective original respondent – original workmen were serving as daily wager watchman. All of them raised industrial dispute challenging their retrenchment / termination which were referred to the Labour Court, Bhavnagar (hereinafter referred to as “Labour Court”) which were numbered as Reference (LCB) No.203/1990 to 204/1990, 207/1990 to 209/1990 and 211/1990. It was the case on behalf of the original workmen that their termination / retrenchment was in breach of the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as “ID Act”) more particularly secti























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