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2012 Supreme(Guj) 650

K.M.THAKER
Jasdan Municipality through Chief Officer – Appellant
Versus
Kantibhai Bachubhai Thummar – Respondent


Advocates Appeared:
For the Petitioner:Mankad, Advocate.

JUDGMENT :

Ravi R. Tripathi, J.

The petitioner municipality has brought under challenge award dated 2.9.2011 passed by labour Court Rajkot in reference (LCR) No. 187 of 2002 whereby the labour Court has directed the petitioner municipality to reinstate the respondent workman on his original post. The labour Court has however declined to award any backwages. The petitioner is aggrieved by the said direction to reinstate the respondent. Hence present petition.

2. The facts emerging from the record are that the respondent workman raised industrial dispute on the ground that though he was in continuous service of the petitioner municipality since May 2000, his service was illegally and arbitrarily terminated with effect from 1.3.2002 without following any procedure and without complying any requirement. The said dispute was referred for adjudication to the labour Court. During the proceedings before the labour Court the respondent workman filed his statement of claim claiming and alleging that he was engaged by the petitioner municipality as "Mistry" (technical assistant) on and from 19.5.2000 and his job included work of preparing tender form and preparing notices to invite bids and to s

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