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2024 Supreme(Guj) 2089

A. S. SUPEHIA, GITA GOPI
Savarkundla Municipality – Appellant
Versus
Punjabhai Lakhabhai Karet – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR DEEPAK P SANCHELA
For the Respondent:MR G.M. JOSHI, SENIOR ADVOCATE with MR IG JOSHI

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. ADMIT. Learned advocate Mr. I.G. Joshi, waives service of notice of admission on behalf of the respondent No.1.

2. The present appeal filed under Clause 15 of the Letters Patent, 1865 is directed against the common oral order dated 12.10.2023 passed by the learned Single Judge rejecting the writ petition filed by the appellant - Savarkundla Municipality assailing the award dated 30.07.2018 passed by the Industrial Tribunal, Bhavnagar (for short, “the Tribunal”) in Reference (IT) No.98 of 1999 directing the appellant – Municipality to absorb three Bore Operators, Mr.Punjabhai Lakhabhai, Mr.Kamleshbhai Devabhai and Mr.Ketanbhai Ratnabhai on the regular posts. The Reference (IT) No.98 of 1999 was partly allowed and they were directed to be made regular from the date of filing reference w.e.f. 18.09.1999 and for the intervening period, the Tribunal has directed that the period from 18.09.1999 till the date of award shall be treated as notional and further it was directed to consider the period from 10.07.1996 to 10.06.1996 for calculating the senior, promotion and retirement benefits including the gratuity and qua Kamleshbhai Devab

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