A.P.THAKER
COMMANDING OFFICER – Appellant
Versus
KAMUBEN RATILAL – Respondent
JUDGMENT :
1. By filing Special Civil Application Nos.4218, 4219 and 5056 of 2008, the petitioner has challenged judgment and awards dated 7.12.2007 rendered at Exh.24 in Reference (LCJ) No.1 of 1997 and Reference (LCJ) No.263 of 1996 and at Exh.30 in Reference (LCJ) No.34 of 1995 by the Presiding Officer, Jamnagar District Labour Court, Jamnagar, and in Special Civil Application No.4731 of 2016, the petitioner has challenged judgment and award dated 20.5.2015 rendered in Reference (T) No.5 of 2002 by the Presiding Officer, Labour Court, Jamnagar.
2. Since common issue is involved in all these petitions, these petitions are heard and decided together and are being disposed of by this common judgment. Since the facts are also similar, facts of Special Civil Application No.4218 of 2008 are stated hereunder for the purpose of deciding all these petitions.
3. By filing Special Civil Application No.4218 of 2008 under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside judgment and award dated 7.12.2007 rendered at Exh.24 in Reference (LCJ) No.1 of 1997 by the Presiding Officer, Jamnagar District Labour Court, Jamnagar.
3.1 The facts giving rise to the
Union of India and Others v. M. Aslam and Others reported in (2001) 1 SCC 720
Dharma Nand and Another v. Union of India and Others reported in (2004) 10 SCC 609
R.R.Pillai (Dead) through LRs. v. Commanding officer
Union of India and Others v. M. Aslam and Others reported in (2001) 1 SCC 720
Tapash Paul Vs. BSNL and another reported in 2016 (1) Scale 92
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