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2022 Supreme(Guj) 473

VIPUL M.PANCHOLI
Udaji Somaji Parmar – Appellant
Versus
Deputy Executive Engineer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr HB Singh
For the Respondent: Mr Rohan Shah, Government Pleader

JUDGMENT :

1. Rule. Learned AGP, Mr. Shah, waives service of rule for the Respondents.

2. Since, the issue involved in this petition runs in a very narrow compass, with the consent of the learned Advocates for the parties, the same is taken-up for final hearing and disposal at the admission stage.

3. This is a petition filed under Articles 226 and 227 of the Constitution of India, whereby, the petitioner has challenged the award, Dated: 19.08.2017, passed in Reference (LCH) No. 44 of 2012 by the learned Presiding Officer, Labour Court, Himmatnagar, awarding lump-sum compensation of Rs.65,001/- to the petitioner in lieu of reinstatement.

4. The brief facts of the case are that the petitioner was appointed by the respondents as a dailywager during the period from 1993 to 2001 and he was getting Rs.1500/- per month towards salary.

    4.1 It is the case of the petitioner that, though, he had worked for more than 240 days in each year, the respondents terminated his services by an oral order in the year 2001 without following the relevant provisions of the Industrial Disputes Act, 1947 (in brief, ‘the ID Act’).

4.2 Being aggrieved with the same, the petitioner raised the industrial dispute, whic

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