JUDGMENT :

J.C. DOSHI, J.

1. In this intra-court appeal filed under Clause 15 of the Letters Patent, the appellant challenges the judgment and order dated 14/12/2021 rendered in Special Civil Application No. 7100 of 2008, whereby the learned Single Judge has overturned the award passed by the learned Presiding Officer, Labour Court No. 3, Ahmedabad in Reference (LCA) No. 128 of 1994.

2. The facts garnered from the pleadings in nutshell are that late Dr. Babulal L. Desai was running Sharadbabu Hospital at Satyamnagar, Rakhial, Ahmedabad. The appellant was serving as nurse alongwith other four nurse in the said hospital. According to the appellant, her services were orally terminated on 29/07/1993 and she therefore, raised an industrial dispute which culminated into Reference LCA No. 128 of 1994 before learned Labour Court, Ahmedabad. During the pendency of the said Reference, Dr. Babulal L. Desai expired. An application was moved at Exhibit-26 in the said Reference to join the heirs and legal representatives of deceased-Dr. Babulal L. Desai which was allowed and as such the present respondents were joined as party in the said reference.

2.1 The Labour Court, after considering the eviden