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2022 Supreme(Guj) 1296

BIREN VAISHNAV
STATE OF GUJARAT – Appellant
Versus
NOYDA FIROZBHAI KARABHAI – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SOAHAM JOSHI.
For the Respondent: PREMAL S. RACHH.

ORDER :

1. Heard Mr. Soaham Joshi learned AGP for the State and Mr. Dhaval Kansara learned advocate for Mr. Premal Rachh learned advocate for the respondent.

2. Challenge in this petition under Article 226 of the Constitution of India is to the award of the Labour Court, Jamnagar, dated 08.12.2020 at the hands of the State. By the award under challenge, the respondent-workman succeeded whereby, he was directed to be reinstated with 20% back-wages.

3. Facts in brief would indicate that the respondent-employee workman approached the Labour Court being aggrieved by his discontinuance/termination from the employment within effect from 01.12.2015. It was his case that he had been rendering uninterrupted and continuous services from July 2005 and therefore, made a statement of claim before the Labour Court that having continued to work over a period of 10 years and having completed 240 days in each year of service, discontinuance from service was in violation of the provisions of Section 25F of the Industrial Disputes Act.

4. Mr. Soaham Joshi learned AGP would assail the award of the Labour Court on the ground that the work for which the respondent workman was engaged was not perennial. He w

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