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2018 Supreme(Guj) 977

K.M.THAKER
Jamnagar Municipal Corporation – Appellant
Versus
Jamnagar Jilla Majdoor Sangh – Respondent


Advocates Appeared:
H.S. Munshaw, Adv., T.R. Mishra, Adv.

JUDGMENT

K.M. THAKER, J.

1. Heard Mr. Munshaw, learned advocate for the petitioner and Mr. Mishra, learned advocate for the respondent.

2. Rule returnable forthwith. Mr. Mishra, learned advocate for the respondent waives service of Rule and with his consent the petition is heard for final order.

3. In present petition, Jamnagar Municipal Corporation has challenged award dated 18.4.2016 passed by learned Labour Court at Jamnagar in Reference (Demand LC) No. 3 of 2001 whereby the learned Labour Court directed the petitioner Municipal Corporation to regularise service of 4 workmen and treating the said workmen as permanent employees with effect from the dates mentioned in the award.

4. In light of the submission by learned advocates for petitioner corporation and the workmen it has emerged that in view of peculiar facts and circumstances of the case, the petition can be disposed of on a limited ground, instead of entering into various other contentions raised by contesting parties.

5. In view of a particular defect which has emerged from the award, it is clear that on the said limited ground award deserves to be set aside and the proceedings are required to be remanded to learned Labour Cou



































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