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2022 Supreme(Guj) 397

VIPUL M.PANCHOLI
CHIEF OFFICER, MANGROL NAGARPALIKA – Appellant
Versus
YUNUS KASAMBHAI KALAVAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MURALI N. DEVNANI.
For the Respondent: U.T. MISHRA.

ORDER :

1. This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioner has challenged the order dated 15.5.2018 passed by the Labour Court, Junagadh in Recovery Application (C-2) No. 17 of 2015.

2. Heard learned advocate Mr. Krishnan M. Ghavariya for Mr. Murli Devnani for the petitioner and learned advocate Mr. U.T. Mishra for the respondent.

3. Learned advocate for the petitioner submitted that the respondent workman has been working as Clerk with the petitioner nagarpalika from 5.8.1998 and he was discharging his duty as a regular employee. It is the case of the respondent that he was paid according to the minimum wages. However, it is the case of the petitioner that the respondent was employed purely on ad-hoc basis. It is further submitted that the services of the respondent were terminated on 30.6.1999. The respondent, therefore, raised industrial dispute and the dispute was referred to the Labour Court, Junagadh which was registered as Reference Case (LCJ) No. 18 of 2000. It is further submitted that the concerned Labour Court partly allowed the said reference vide award dated 11.3.2003, whereby the petitioner herein was directed to rei

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