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2023 Supreme(Guj) 464

VIPUL M. PANCHOLI, HASMUKH D. SUTHAR
District Development Office – Appellant
Versus
Legal Heirs Of Late Jubedaben Motibhai Sarfuddin Hasanbhai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS SEJAL K MANDAVIA
For the Respondent: MR MUKESH H RATHOD

ORDER :

VIPUL M. PANCHOLI, J.

1. This appeal is filed under Clause 15 of the Letters Patent, against the judgment and order, Dated: 14.03.2022, passed by the learned Single Judge in Special Civil Application No. 4053 of 2018, whereby, the petition filed by the appellant-original petitioner came to be dismissed.

2. Heard, learned Advocate, Ms. Mandavia, appearing for the appellant and learned Advocate, Mr. Rathod, appearing for the Respondents, i.e. heirs of the original Respondent-workman.

3. Learned Advocate, Ms. Mandavia, appearing for the appellant submitted that the services of the respondent-workman came to be terminated, and therefore, he raised an industrial dispute by filing Reference (LCS) No. 43 of 2002, before the Labour Court, Surendranagar, wherein, the Labour Court passed the order dated 07.08.2006 and directed the appellant to reinstate the workman in service, but, without back-wages and continuity of service.

3.1 The appellant-original petitioner challenged the aforesaid order by filing Special Civil Application No. 24629 of 2006, wherein, at the time of admission, the learned Single Judge of this Court granted stay against the operation and implementation of the award d

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