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2020 Supreme(Guj) 421

SONIA GOKANI
Kantibhai Mafabhai Raval – Appellant
Versus
Administrative/Deputy Collector – Respondent


Advocates Appeared:
For the Petitioner: Mr. Keyur A. Vyas
For the Respondent: Ms. Archana R. Acharya

ORDER :

1. Since common question of law and facts arise in this group of petitions, they are being heard, decided and disposed of by this common Order.

2. Facts are taken from the Special Civil Application No.9311 of 2011, for the purpose of adjudication of the issue involved in all these petitions :-

2.1. The petitioner was working as daily wager in the respondent - Trust. He was working as Security Guard in two shifts, one shift started from 6.00 AM to 2.00 PM and the second shift was from 2.00 PM to 10.00 PM. According to the petitioner, he completed continuous service of 11 years in the respondent Trust, sincerely and honestly and no complaint was made against him. According to the petitioner, he was orally terminated on 12/3/2004 without following due procedure as prescribed under the Industrial Disputes Act, 1947 (hereinafter shall be referred to as “the Act” for convenience). According to him, the post of Security-cum-Guard is still available in the respondent trust. Under the circumstances, the petitioner raised an industrial dispute before the Labour Court, Palanpur by way of filing Reference (LCP) No.121 of 2011. According to the petitioner, he was paid salary by obtaining s

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