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2020 Supreme(Guj) 17

VIKRAM NATH, A.J.SHASTRI
Ahmedabad Municipal Corporation – Appellant
Versus
Jivanlal Chhaganlal Vaghela – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. H.S. Munshaw.

ORDER :

A.J. SHASTRI, J.

1. Present Letters Patent Appeal under Clause 15 of the Letters Patent is directed against the judgment and order, dated 19.8.2019, passed by the learned Single Judge in Special Civil Application No.7682 of 2017.

2. The facts, in brief, are that the respondent herein – original petitioner was appointed to the post of “Kadia” in the year 1982 and was made permanent w.e.f. 1.5.1984. On account of unauthorized absence, the respondent was served with a show-cause notice on 25.6.1991. Not having a satisfactory explanation, a departmental inquiry was conducted and the respondent was dismissed from service w.e.f. 9.12.1995. Aggrieved by the dismissal, the respondent approached the Labour Court by initiating reference proceedings which were Reference (LCA) No.513 of 1996. During the pendency of the reference, the matter was put up before the Lok Adalat on 3.3.2007.

2.1 In view of the process of the Lok Adalat, the negotiations ended with the appellant agreeing to reinstate the respondent’s service to his original post and a continuity of service, however, without back wages. It was also agreed to by both sides that the respondent would be meted with a punishment of sto

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