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2018 Supreme(Guj) 134

M.R.SHAH, BIREN VAISHNAV
BHAVNAGAR MUNICIPAL CORPORATION – Appellant
Versus
HARESHBHAI J JANI – Respondent


Advocates Appeared:
For the Appellant :MR HS MUNSHAW, ADVOCATE.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.06.2017 passed by the learned Single Judge in Special Civil Application No.5367/2009 by which the learned Single Judge has partly allowed the said Special Civil Application preferred by the appellant herein to the extent modifying the judgment and award passed by the learned Labour Court and awarding 10% backwages from April 1989 to the date of the award, however has confirmed the order of reinstatement granted by the learned Labour Court, the original petitioner – Bhavnagar Municipal Corporation – employer has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent.

2. Though served no body appears on behalf of the respondent No.1 and therefore, the present Letters Patent Appeal is heard exparte.

3. The facts leading to the present Letters Patent Appeal in nutshell are as under:

3.1 That the respondent No.1 herein – original workman raised an industrial dispute in the year 1989 challenging his alleged termination / retrenchment in the year 1984. It is required to be noted that as such the workman was appointed as a daily wager and his appointment as a d















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