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BIREN VAISHNAV, PRANAV TRIVEDI
State of Gujarat – Appellant
Versus
Jagdishbhai Ranjitbhai Rana – Respondent
ORDER :
ORDER IN CIVIL APPLICATIONS
1. Heard Ms. Roshni Patel, learned AGP and Mr. J.A. Adeshara, learned advocate for the respondent-workmen.
2. Mr. Adeshara, learned advocate for the respondents-workmen would rely on an order of the co-ordinate bench of this court where the civil applications for condonation of delay were rejected on the ground that though the legal department had opined positively not to file an appeal and when the file went to the Chief Minister’s Office, the decision was overturned and an opinion was given by the Chief Minister’s office to file appeals in the said applications. However, we are not dealing with the said submission in light of the fact that since in identical cases, the appeals were admitted, we have dismissed them by separate order of even date.
3. Accordingly, delay is hereby condoned. Applications are accordingly allowed.
ORDER IN LETTERS PATENT APPEALS
1. With the consent of learned AGP and learned advocate for the respondents – workmen, the appeals are taken up for hearing today.
2. These appeals arise out of the order dated 13.03.2023 passed by the learned Single Judge in the respective captioned petitions by which the learned Single Judge dismis
Termination without following Section 25F of the Industrial Disputes Act is unlawful, warranting reinstatement and continuity of service.
The main legal point established in the judgment is the entitlement of an employee to claim wages for the period between dismissal and reinstatement, as per the provisions of the Industrial Disputes ....
The judgment establishes the importance of evidence in labor disputes, the presumption in favor of the workman in the absence of employer-produced records, and the application of previous case law in....
Point in Issue :Whether Labour Court award requires to be modify to clearfy that petitioner shall be entitled to continuity of service as well.
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