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2018 Supreme(Guj) 1159

HARSHA DEVANI, A.S.SUPEHIA
Vadodara Mahanagar Corporation Kamdar Karmachari Union – Appellant
Versus
Municipal Commissioner – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rd Raval
For the Respondent: Ds. Aff. Not Filed, Mr. Nilesh A. Pandya

JUDGMENT :

A.S. SUPEHIA, J.

1. The present Letters Patent Appeal is directed against the order dated 14.08.2017 passed by the learned Single Judge whereby, the challenge to the award passed by the Industrial Tribunal, Vadodara dated 17.02.2017 in Reference (IT) No.240 of 2014 has been negatived. The learned Single Judge has rejected the petition by observing that the dispute has been raised belatedly after a delay of 14 years.

2. The facts in brief are as under;

The appellant-Union raised an industrial dispute in the year 2014 and vide order dated 07.07.2014 the appropriate Government referred the same to the Industrial Tribunal. The case of the workman was that he was appointed on a Class-IV post as a Sepoy vide order dated 12.06.1999 instead of being appointed on a Class-III post as a Junior Clerk. The Industrial Tribunal, after examining the issue in detail, rejected the Reference, vide order dated 17.02.2017 by observing that the dispute had been raised belatedly after a delay of 14 years. The same was further challenged in the writ petition and by order dated 14.08.2017, the petition is rejected by the learned single Judge by placing reliance on the judgment of the Apex Court rend

























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