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2023 Supreme(Guj) 548

ANIRUDDHA P. MAYEE
Agencies And Cargo Care Ltd Through Managing Director – Appellant
Versus
Omprakash Murlidhar Bijarnia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR MUKESH H RATHOD
For the Respondent: MS SADHANA SAGAR, MR RAVIRAJSINGH H CHOUDHARY

ORDER :

1. The present Special Civil Application impugning the judgment and award dated 27.01.2011 passed by the learned Labour Court, Kutch at Bhuj in Reference (LCB) No.25 of 2007.

2. The factual matrix in the present case is that the respondent-workman was appointed as Clerk on 18.07.1985 by the petitioner Company. Thereafter, he came to be promoted as Manager on 08.08.1989. It is further the case that though he was granted designation of Manager and he was doing same nature of work on which he was appointed. It is further the case of the respondent-workman that because of his long 21 years of service with the petitioner, he was getting salary of Rs.5030/- (basic + other allowances). That, the respondent-workman came to be retrenched w.e.f. 14.02.2007. The respondent-workman raised industrial dispute before the Conciliation Officer and vide Office order No.24 of 2007, dated 02.08.2007 the dispute came to be referred to the learned Labour Court, Kutch at Bhuj which came to be numbered as Reference (LCB) No.25 of 2007. The terms of the Reference was whether the respondent-workman should be reinstated on his original post along with backwages.

3. Both the parties joined Reference proc

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