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2021 Supreme(Guj) 411

R.M.CHHAYA, NIRZAR S.DESAI
Nileshbhai Babubhai Lakkad – Appellant
Versus
Deputy Executive Engineer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Samir B Gohil
For the Respondent: Mr Vishrut Jani for RC Jani and Associate

JUDGMENT :

R.M. CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and order dated 7.3.2018 passed by learned Single Judge (Coram: Mr. K.M. Thaker, J.) in Special Civil Application no. 95 of 2015, the appellant–original respondent no.1 has preferred this intra-Court appeal under Clause 15 of the Letters Patent.

2. Following facts emerge from the record of the appeal :-

The appellant came to be appointed as daily wager on the post of Valve Operator-cum-Pumping Reporter by the respondents and his services came to be retrenched. The appellant herein preferred a Reference under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act” for the sake of brevity), which came to be registered as Reference LCJ no.125 of 2006 before the Labour Court, Junagadh. It was the case of the appellant before the Labour Court that the appellant came to be appointed as daily wager on 15.05.2002 on daily wages of Rs.94.50 at Ozat-2 Dam, more particularly, at Village Badalpur as Valve Operator-cum-Pumping Reporter. It was the case of the appellant that his services were terminated by the respondents without following provisions of Section 25F of the Act and though he

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