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2018 Supreme(Guj) 1078

K.M.THAKER
Deputy Executive Engineer – Appellant
Versus
Pravinkumar Nanalal Modi – Respondent


Advocates Appeared:
Deepak G. Aloria, Adv., P.H. Pathak, Adv.

JUDGMENT

K.M. Thaker, J.

Heard Mr. Aloria, learned advocate for petitioner and Ms. Rina Kamani, learned advocate for Mr. Pathak, learned advocate for the respondent.

2. In present petition, the petitioner board has challenged the award dated 30.9.2015 passed by learned Labour Court at Mehsana in Reference (LCMD) No. 2 of 2008 (old no.7/1997) whereby the learned Labour Court directed present petitioner to regularise service of workman Mr. P.N. Modi with effect from 1.5.1999 in the category of/on the post of Helper and to also regularise service of workman Mr. B.K.Patel with effect from 1.11.1990 in the category of/on the post of Electrician and to grant consequential benefits of regular and permanent workman with effect from 1.1.2012 with further clarification that the period from 1.5.1999 to 1.12.2012 shall be considered notional.

3. So far as factual backdrop is concerned it has emerged from the record and rival submissions that 2 workmen of present petitioner board raised industrial dispute that their service should be regularised and they should be treated as regular and permanent employee and consequential benefit should be granted.

3.1 The appropriate government referred the said d









































































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