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2021 Supreme(Guj) 390

R.M.CHHAYA, NIRZAR S.DESAI
STATE OF GUJARAT – Appellant
Versus
GULAMHAIDER IBRAHIM AGHARIYA – Respondent


Advocates Appeared:
For The Appellant : MR DHAWAN JAYSWAL

ORDER :

R.M.CHHAYA , J.

1. Heard Mr. Dhawan Jayswal, learned Assistant Government Pleader for the appellant.

2. Feeling aggrieved and dissatisfied by the order dated 3.12.2020 read with the order dated 21.12.2020 passed by the learned Single Judge (Coram: Mr. Ashutosh J. Shastri, J.) rendered in Special Civil Application no.14804 of 2020, the appellant has preferred this appeal under Clause 15 of the Letters Patent.

3. Before considering the submissions made by Mr. Dhawan Jayswal, learned Assistant Government Pleader for the appellant, it would be appropriate to refer to the factual matrix arising out of this appeal.

4. That, the private respondent herein was appointed as a Driver on daily wage basis on 19.11.1992 and was discontinued and terminated from service with effect from 1.8.2009. Being aggrieved by the same, the private respondent raised a dispute as provided under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as “the Act”), which came to be registered as Reference LCP no.9 of 2014 before the Presiding Officer of Labour Court, Palanpur, District Banaskantha. It was the case of the private respondent before the Labour Court that he was appointed as

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