A.P.THAKER
Mohammad Rafique Mohammad Yasin Shaikh – Appellant
Versus
Gujarat Jal Sampati Vikas Nigam Ltd. – Respondent
JUDGMENT :
1. The present petition under Article 226 of the Constitution of India has been filed by the petitioner for quashing and setting aside the impugned award dated 28.06.2007 passed by the Labour Court, Palanpur in Reference (LCP) No.259/1996, whereby the claim put up by the petitioner has been rejected.
2. For the sake of brevity and convenience, the parties are referred to as the “workman” and “employer” respectively.
3. It is the case of the workman that he was appointed as driver for 29 days on 16.08.1988 and he has continuously worked for more than 240 days till his service is terminated by oral order. It is further the case of the workman that on 17.07.1990, he was got transferred order to Deesa. That he reported for work at Deesa on 18.07.1990, however, he was told by the employer that they have to inquire from their head office and they did not permit the workman to report. It is also contended by the workman that during the period from 22.07.1990 to 17.02.1991, he met with a minor accident and also fell sick and, therefore, could not report for work. According to him, on 18.02.1991, he reported for work along with the certificate of the Doctor, but, he was not allowed
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