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2023 Supreme(Guj) 143

ANIRUDDHA P. MAYEE
Gujarat State Electricity Corporation Limited – Appellant
Versus
Iqbal Karimbhai – Respondent


Advocates Appeared:
For the Petitioner: Mr. Premal R. Joshi.
For the Respondents: Mr. T.R. Mishra, M/s. Trivedi & Gupta.

JUDGMENT :

1. The present Special Civil Application impugns the judgment and award dated 20.11.2007 passed by the learned Labour Court, Jamnagar in Reference (LCJ) No.1512 of 1990.

2. The brief facts of the present Special Civil Application are as under:-

2.1 It is the case of the respondent workman that he was working with the petitioner company since last 2½ years as Khalasi and that on 15.9.1988, his services came to be terminated abruptly without following any due procedure of law. It is further the case of the workman that while his services came to be terminated, his juniors were continued in service and that thereafter also, the petitioner company had recruited new people.

2.2 Aggrieved by the said termination, the respondent workman raised a dispute before the Assistant Labour Commissioner, Jamnagar, who by order dated 10.1.1989, made a reference to the learned Labour Court, Jamnagar as to whether the termination of the services of the workman were in accordance with law.

2.3 The petitioner filed his statement of claim alleging that his termination was illegal and prayed for reinstatement with continuity of service.

2.4 The learned Labour Court was pleased to issue notice to

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