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2011 Supreme(Guj) 746

V.M.SAHAI, G.B.SHAH
State of Gujarat – Appellant
Versus
Pareshkumar Ramniklal Vyas – Respondent


Advocates Appeared:
For the Appellant : N.J. Shah, Asstt.Government Pleader
For the Respondent:Sunil C. Patel, Advocate

JUDGMENT :

G.B. Shah, J.

Being aggrieved by the order dated 26.12.2005 passed by the learned Single Judge in Special Civil Application No. 5441 of 2001, the appellant-State has preferred this Letters Patent Appeal under clause 15 of the Letters Patent on the grounds stated in the memo of the Appeal.

2. We have heard Mr N.J. Shah, learned AGP for the appellant and Mr S. C. Patel, learned counsel for the respondent. The brief facts of the case are that the respondent was working as part-time Typist with the appellant's office i.e. office of the Deputy Collector at Rajula, District Amreli since 16.5.1992. On completion of 240 days, the respondent had made a representation on 29.6.1999 for a post of full time Gujarati Typist through Union. On 3.7.1999 the respondent was discharged from service of the appellant without being served with any notice or notice pay. Being aggrieved by the said order of dismissal, the respondent raised an industrial dispute which was referred to Labour Court, Amreli for adjudication. The Labour Court, Amreli, after hearing the parties, passed the award dated 12.1.2001 in Reference (LCA) No.15 of 2000 and directed the appellant to reinstate the respondent on his

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