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2021 Supreme(Guj) 736

A.S.SUPEHIA
BRIJESH BHURABHAI SOLANKI – Appellant
Versus
GUJARAT AYURVEDIC UNIVERSITY – Respondent


Advocates:
Appearance:
For the Appellant : MR UT MISHRA
For the Respondent: MR DG SHUKLA

ORDER :

1. The present writ petition has been filed seeking quashing and setting aside the award dated 14.03.2019 passed by Presiding officer, Labour Court, Court No.2, Jamnagar in Reference (T) No.18 of 2011.

2. Learned advocate Mr.U.T.Mishra appearing for the petitioner has submitted that the impugned award is required to be quashed and set aside since there is a delay in raising the industrial dispute and the Labour Court has fallen in error in not appreciating the fact that the termination of the workman was in violation of the provisions of Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947 (for short “the ID Act”). It is submitted that since there is an absolute violation of such provisions, the Labour Court could not have rejected the reference on the ground of delay. While placing reliance on the written statement filed by the workman, he has submitted that the same would reveal that the respondent-University had outsourced the work to other agency and hence, instead of employed the present petitioner, the another workman was employed and since there is violation of the provisions of Section 25G of the ID Act, the question of delay would not arise. In support of h

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