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2021 Supreme(Guj) 899

A.S.SUPEHIA
CHIEF OFFICER – Appellant
Versus
DINESHBHAI GOVINDBHAI HARIJAN – Respondent


Advocates Appeared:
For The Appellant : MR MEHULSHARAD SHAH
For The Respondent: MR UT MISHRA

JUDGMENT :

1. Since the common issue and facts are involved in the present writ petitions, the same are heard and decided analogously.

2. In the captioned writ petitions, the respondents-workmen have challenged the awards passed by Labour Court, Nadiad, wherein and whereby, the petitioner-Nagarpalika is directed to reinstate the respondent-daily wagers with continuity of service without back wages.

3. Learned advocate Mr.Mehulsharad Shah appearing for the petitioner-Nagarpalika has submitted that the award of the Labour Court suffers from non-application of mind as no evidence - either documentary or oral was produced before the Labour Court and the award is passed in favour of the respondents-employees only on conjunctures and surmises. It is submitted that the petitioner-Nagarpalika had initially passed a Resolution No.510 dated 22.10.1999 to convert the part time daily wagers to full time daily wagers, but vide order dated 16.12.1999, the Health Officer directed the Nagarpalika to postpone the implementation of the said order since there were instructions issued by the Election Commission due to election and by the order dated 21.12.1999, the Resolution was suspended. Ultimately, t

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