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2012 Supreme(Guj) 653

HARSHA DEVANI
State of Gujarat – Appellant
Versus
Ganpatbhai Bharmalbhai Patel – Respondent


Advocates Appeared:
For the Petitioner: Ms Shruti Pathak, Asstt. Government Pleader.
For the Respondent:Mr. P.H. Pathak, Advocate.

JUDGMENT :

Harsha Devani, J.

By this petition under Article 227 of the Constitution of India, the petitioner has challenged the award dated 14.2.1994 passed by the learned Presiding Officer, Labour Court, Bharuch in Reference (LCV) No. 465/1987 (LCB) No. 185/1990.

2. The facts of the case are that the respondent was working as a driver in the office of the Deputy Executive Engineer, Command Area, Road Sub Division, Bharuch from 30.5.1983. With effect from 19.5.1986, his services were terminated. The respondent, therefore, filed a reference application under section 10(1) (c) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") , before the Labour Court, Bharuch, seeking reinstatement with back wages. In the said application, the respondent had stated that he had been engaged as a permanent employee with effect from 30.5.1983 on monthly wages of Rs.800/-. That he had discharged his duties sincerely and honestly and that the respondent, without assigning any reason, had terminated his services with effect from 19.5.1986. Accordingly, he had prayed for reinstatement with back wages from the date of termination of his services.

3. In response to the application made

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