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2022 Supreme(Guj) 265

R.M.CHHAYA, NIRAL R.MEHTA
Arvindbhai Vasanji Gamit – Appellant
Versus
Tata Tele Services Ltd. – Respondent


Advocates Appeared:
For the Appellant : U.T. Mishra.
For the Respondents: Dipak R. Dave.

JUDGMENT :

R.M. Chhaya, J.

1. Feeling aggrieved and dissatisfied by the order dated 4.9.2017 passed by the learned Single Judge in Special Civil Application no. 12506/16, 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 It is the case of the appellant-workman that he was working with the respondent-Company and that he has worked for more than 240 days and was illegally and arbitrarily terminated. Record indicates that the appellant raised an industrial dispute which was referred and registered as Reference (LCS) no. 5/2008 before the Presiding officer, Labour Court at Surat which culminated into an ex-parte award, wherein while allowing the Reference, the Labour Court was pleased to direct the respondent to reinstate the appellant with continuity of service and full back wages. Record further indicates that the respondent filed an application for restoration being Restoration Application no. 39/2010 before the Labour Court, Surat which came to be dismissed vide order dated 21.3.2014. Being aggrieved by the same, the respondent herein filed a Writ Petition being Sp

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