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2022 Supreme(Guj) 1711

ANIRUDDHA P. MAYEE
LABDDHI POLY PLAST ENGINEERS – Appellant
Versus
ASWINKUMAR MOHANLAL GOHIL – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: YOGEN N. PANDYA.
For the Respondent: G.T. DAYANI.

JUDGMENT :

ANIRUDDHA P. MAYEE, J.

1. The present Special Civil Applications challenge the judgment and award dated 22.5.2007 in Reference (LCB) No. 121 of 2001 passed by the learned Labour Court, Bharuch whereby the respondent workman has been reinstated along with 15% back wages.

1.1 The Special Civil Application No. 12541 of 2008 is preferred by the petitioner company challenging the reinstatement and payment of 15% back wages, whereas the Special Civil Application No. 14503 of 2008 is preferred by the respondent workman challenging the award of 15% back wages only.

2. The brief facts leading to the filing of the Special Civil Applications are as follows:

    2.1 It is the case of the respondent workman that he was employed in the year 1990 by the petitioner company as a Turner on lathe machine as a Machine Operator. That he was performing his duties sincerely and honestly and there was no complaint against him. That he was given increase in salary from time to time because of his sincerity and good work. It is alleged that on 12.11.2000 when the respondent workman reached the factory to start his duties, he was told by the petitioner company that his services were no more required and he

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