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2024 Supreme(Guj) 644

BIREN VAISHNAV, PRANAV TRIVEDI
Harbala Pranjivan Trivedi – Appellant
Versus
Roopmati M. P. Handloom Weavers Co-OP. Soci. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Gautam Joshi, Sr. Adv. with Mr. I.G. Joshi.
For the Respondent: Mr. S.D. Mishra, with Mr. Anand L. Sharma.

JUDGMENT :

(Pranav Trivedi, J.)

1. The present Letters Patent Appeal is preferred under Clause 15 of the Letters Patent Act assailing the correctness and validity of the judgment dated 31.08.2005 passed in Special Civil Application No.11465 of 2004.

2. The prayers as prayed for by the respondent – original petitioner in the writ petition was to give direction declaring the award dated 11.03.2004 in Reference case (LCA) No.1405 of 1994 as well as order dated 21.07.2004 in Miscellaneous Civil Application No.1405 of 2004 as null and void and not effective in the facts of the case.

3. Learned Single Judge after hearing the arguments from advocates of both the parties was pleased to allow the writ petition and quashed the award as well as order passed in the Miscellaneous Civil Application by the learned Labour Court, Ahmedabad.

4. The factual matrix which has led to filing of the writ petition was that the appellant – original respondent was appointed as a Sales Assistant with monthly pay of Rs.900 with the respondent society. It was the case of the appellant that she was regularly working with the respondent, however, on 07.01.1994, the appellant was orally terminated without following pro

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