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2024 Supreme(Guj) 930

BIREN VAISHNAV, PRANAV TRIVEDI
State of Gujarat – Appellant
Versus
Dhirubha Kathubha Vaghela – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rohan Shah, Asst Government Pleader
For the Respondent: Mr. Chintan N Desai

JUDGMENT :

BIREN VAISHNAV, J.

1. Heard learned advocates for the respective parties.

2. Challenge in these appeals at the hands of the State is to the oral order dated 16.03.2018 passed by the learned Single Judge in Special Civil Applications No. 2900 and 7231 of 2017. Aggrieved by the award of the Labour Court dated 06.04.2016 passed in Reference T No. 15 of 2010 which denied full backwages to the workman, Special Civil Application No. 29700 of 2017 whereas aggrieved by the award qua reinstatement and backwages the State has preferred Special Civil Application No. 7231 of 2017. Both these petitions were heard and disposed of by the order under challenge.

3. So far as these petitions are concerned i.e. qua Special Civil Application No. 29700 of 2017, the same was partly allowed granting 35% backwages and the employer – State’s petition granting reinstatement was dismissed.

4. Facts in brief indicate that it was the case of the respondent that he was engaged with the respondents with effect from 01.05.1990 as a Chowkidar and his services were terminated with effect from 31.07.2006. A statement of claim was filed in the year 2010 and in a response filed by the State, the Labour Court aft

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