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2021 Supreme(Guj) 574

UMESH A.TRIVEDI
RAJPUT SANDIPBHAI MADHUSINH – Appellant
Versus
AHMEDABAD MUNICIPAL CORPORATION – Respondent


Advocates Appeared:
For the Appellant : MR UT MISHRA

JUDGMENT :

1. Challenge in this petition under Articles 226 and 227 of the Constitution of India is to the judgment and award dated 26.06.2019 passed by Presiding Officer, Labour Court No.5, Ahmedabad in Reference (LCA) Case No.289 of 2014 whereby, the Labour Court had rejected the Reference filed by the present petitioner.

2. Brief facts of the case are as under.

2.1 The petitioner-workman, as per his Statement of Claims was working since last 2 years honestly and diligently and he was paid Rs.3500/- per month by the Respondent-Corporation in Garden as also Water Branch as Helper / Labourer. It is the case of the petitioner that the respondent did not provide Earned Leave Card, Presence Card as also Pay Slip. Only his presence was noted in the Muster Roll and except that, the petitioner was not provided with anything. Though he demanded every benefits as provided under the Labour Laws but it has not been provided / paid. According to the case of the petitioner, he completed 240 days in each year and he was doing the same work as permanent employees were doing. It is further stated that all of a sudden on 3.10.1999, by oral order, he was terminated from his service and while terminati

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