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2021 Supreme(Guj) 800

R.M.CHHAYA, NIRZAR S.DESAI
RASIKLAL POLABHAI DHANDHUKIYA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For The Appellant : MR UT MISHRA

ORDER :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the order dated 16.7.2021 passed by the learned Single Judge in Special Civil Application no.7231 of 2021 dismissing the said Writ Petition, the appellant - original petitioner has preferred this intra-Court appeal under Clause 15 of the Letters Patent.

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

    2.1 That, the appellant came to be appointed in the year 1984 as Peon-cum-Chokidar. It is the case of the appellant that his services came to be terminated in the year 1985. The appellant raised a dispute and the same was referred to the Labour Court and registered as Reference no.1442/1986, which culminated into an award directing the respondents to reinstate the appellant on original post with continuity and backwages and accordingly, the appellant came to be reinstated on 27.2.1992.

2.2 It appears that thereafter, the appellant raised an industrial dispute seeking regularization, which came to be ultimately referred to the Labour Court and came to be registered as Reference (LCD) no.20 of 1995 before the Labour Court at Rajkot. The Labour Court, Rajkot, by an award dated 13.6.2005, was pleased to allow the Referenc

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