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2022 Supreme(Guj) 738

Gemalbhai Motibhai Solanki – Appellant
Versus
Deputy Executive Engineer – Respondent


Advocates appeared:
Dipak R.Dave, Kurven K.Desai, Utkarsh Sharma, Soham Joshi, Advocates

JUDGMENT :

1. Rule returnable forthwith. With consent of the learned advocates appearing for the respective parties, these matters are taken up for final hearing today.

2. In all these petitions, the awards of the Labour Court in the respective petitions are under challenge by the petitioners, by which, the Labour Court has awarded compensation to each of the petitioners rather than reinstatement with backwages as prayed for by the petitioners.

3. For the purposes of facts and arguments, Mr.Dipak Dave, learned counsel for the petitioners, has relied on the facts of Special Civil Application No. 34 of 2021. The petitioner, Gemabhai M. Solanki, filed a Statement of Claim before the Labour Court, Godhra, at Exh.4. It was his case before the Labour Court that he was engaged by the respondents as a daily wager from 12.01.1980. He was working at the Bhadar Canal Sub-Division. It was his case that during the course of month, he would work for a period ranging from 22 to 25 days, for which, though no appointment orders are issued, attendance sheets were maintained. Their services were terminated without following the procedure under Sec.25(F) of the Industrial Disputes Act. They were paid Rs.

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