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2022 Supreme(Guj) 735

Chief Executive – Appellant
Versus
Vanjibhai Laljibhai Chaudhary – Respondent


Advocates appeared:
Yogen N.Pandya, Harshad K.Patel, Advocates

JUDGMENT :

1. Heard learned advocates for the respective parties. Perused the record.

2. The petitioner - Aga Khan Rural Support Programme (India) through Chief Executive has filed this petition challenging the award of the labour Court dated 30.6.2008 in Reference (L.C.B. No.41 of 1998, by which, the Labour Court directed that the respondent be reinstated in service with continuity and with 15% back wages. The case of the respondent - workman before the labour Court was, as stated in the Statement of Claim at Exh.7 that he was working as a Community Organizer cum Trainee. That he was appointed in December, 1994 on probation for a period of one year. That his services were terminated with effect from 30.12.1995 and, therefore, that termination amounted to retrenchment carried out in violation of the provisions of Section 25(F) of the Industrial Disputes Act. The petitioner apart from taking the objection as to the respondent being a workman and that the institution was a Trust and not "Industry" within the meaning of the definition of "Industry" under Section 2(j) of the Act also contended that the termination was not retrenchment and in fact it was putting an end to service during t

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