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2021 Supreme(Guj) 895

A.S.SUPEHIA
LAKSHMANSINH DALABHAI PATEL – Appellant
Versus
SUB-DIVISIONAL OFFICER (ADMN) – Respondent


Advocates Appeared:
For The Appellant : MR DIPAK R DAVE
For The Respondent: MR VISHRUT JANI FOR RC JANI AND ASSOCIATE, MR VISHRUT JANI FOR RC JANI AND ASSOCIATE, MR DIPAK R DAVE

JUDGMENT :

1. Since the captioned group of petitions arise out of a common award and the facts are also analogous, the same are decided by this common judgment and order. The workmen have challenged the award to the extent of granting reinstatement instead of compensation, whereas the BSNL has challenged the award of granting compensation.

2. The Industrial Tribunal-cum-Labour Court, Ahmedabad has directed the authorities of Bharat Sanchar Nigam Limited (BSNL) to pay the amount of Rs.1,00,000/- as a lump-sum compensation to the workmen by setting aside their termination of service. All the workmen were appointed in the year 1985 and were conferred the benefits of Temporary Regular Mazdoor (TRM) on 01.10.1989. It is pertinent to note that after their appointment in the year 2000 the Department of Telecommunication, under which they were appointed, was converted into a public company viz. BSNL and their service from the Department of Telecommunication was shifted to BSNL. The workmen were issued a show-cause notice on 13.08.2001 alleging that the Muster Roll with regard to their service

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