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2022 Supreme(Guj) 594

ANIRUDDHA P.MAYEE
Deputy Executive Engineer – Appellant
Versus
Parsottambhai Kanjibhai Madhak – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Bharat T Rao
For the Respondent: Mr P H Pathak

JUDGMENT :

1. The present Special Civil Application impugns judgment and award dated 01.10.2007 passed by learned Labour Court, Amreli in Reference (LCA) No.41 of 2003 whereby the learned Labour Court has directed the reinstatement of the respondent workman with continuity in service and awarded 25% backwages and perks of Rs.1500/-.

2. The brief facts leading to filing of the present Special Civil Application are as follows:-

2.1 It is the case of the respondent workman that he was engaged by the petitioners as a daily-wager by oral appointment on 01.11.2000 as watchman – cum – valveman on a monthly pay of Rs.2439.70ps. It is his further case that he worked continuously till 30.08.2001 when he was orally terminated without giving any notice, notice pay, retrenchment compensation etc. Neither any seniority-list was published. It is contended that he was doing the work of permanent nature and after his termination, new persons had been engaged in his place. Aggrieved by his oral termination, the respondent raised a dispute before the Assistant Labour Commissioner who, by order dated 31.05.2003, made Reference (LCA) No.41 of 2003 to the learned Labour Court.

2.2 Both the parties appeared

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