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2025 Supreme(Guj) 1243

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Ingersoll Rand (India) Ltd. Through Manager Mahadev Patel – Appellant
Versus
Ganpatbhai Ramjibhai Rathod – Respondent


Advocates Appeared:
For the Petitioner: MR.NIRAV JOSHI for GANDHI LAW ASSOCIATES
For the Respondent: MR P C CHAUDHARI

JUDGMENT :

M.K. THAKKER, J.

1. The present petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award dated 30.05.2019 passed by the learned Labour Court, Ahmedabad in Reference (T) No. 1348 of 2004, whereby the disengagement of the respondent was held to be illegal and the petitioner was directed to pay a sum of Rs. 10,00,000/- in addition to the amount already paid under the Voluntary Retirement Scheme.

2. It is the case of the petitioner that the petitioner Company is engaged in the business of manufacturing Air Compressors and Vacuum Pumps. The respondent was employed with the petitioner establishment since the year 1994 and was working as a Technician in the Assembly Department of the SCBU Division of the Company. On 10.05.1999, the Company introduced a Voluntary Retirement Scheme (VRS), offering compensation and benefits as per the terms of the scheme. The Voluntary Retirement Scheme (VRS) was applicable to all permanent employees, including Managers, Executives, and Superintendents, who were over 40 years of age and had completed at least 10 years of continuous permanent service with the establishment. Initially, the scheme was operational

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