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2010 Supreme(Guj) 558

H.K.RATHOD
Bi-Colour Ballpen Company Pvt. Ltd. – Appellant
Versus
Bhupat L. Vyas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:J.V. Japee, Advocate.

JUDGMENT :

H.K. Rathod, J.

Heard learned Advocate Mr. JV Japee for petitioner. Petitioner has challenged award passed by Labour Court, Bhavnagar in Reference No. 265 of 1999 Elxh. 47 dated 8th September, 2009. Labour Court, Bhavnagar has granted reinstatement with continuity of service with full back wages for interim period with costs Rs. 2000.00. On 25.2.2010, request was made by learned Advocate Mr. Japee for ascertaining as to whether Model Standing Certified Order is applicable or not. Therefore, matter was adjourned to 5.3.2010. Today, when matter is taken up, learned Advocate Mr. Japee made clear statement before this Court that there is no Standing Order made applicable to petitioner establishment. According to him, petitioner establishment is closed since 2004. However, these facts have not been brought on record by petitioner before labour court, Bhavnagar. He submits that in appointment order page 28itself, condition was incorporated and accepted by workman while giving appointment on 8th December, 1993 that his services can be transferred either at Chitra village or Bombay Company at Nasik. He submits that these terms and conditions of appointment order were accepted by r

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