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2024 Supreme(Guj) 118

RAJENDRA M. SAREEN
District Rural Development Agency – Appellant
Versus
Harsukhbhai Ramjibhai Solanki – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR HS MUNSHAW
For the Respondent: MR TEJAS D SHUKLA

JUDGMENT :

1. This petition is filed under Article 226, 227, 14 and 16 of the Constitution of India with a prayer to issue appropriate writ of mandamus or writ of certiorary or any other writ, direction or order quashing and setting aside the award dated 29.01.2009 passed by the Labour Court at Jamnagar in Reference (LCJ) No.284 of 2000.

2. Brief facts leading to filing of this petition are as under;

2.1 The petitioner herein is undertaking rural development projects and schemes assigned by Central Government and State Government and the grant is also made available accordingly by such authority. Therefore, it has no source of its own income and entire administration of the agency is run through Class I & II Gazetted Officers posted on deputation by the State of Gujarat and Class III & IV employees sent on deputation by Jamnagar District Panchayat. It is coming on record that the expenses are borne within 2% contingency fund of the project cost. The respondent herein was employed purely on temporary, ad-hoc and daily wage basis through order dated 17.02.1986. The respondent was provided work at village Dhrol under Rashtriya Rojgar Yojna and thereafter his appointment was extended from

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