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2025 Supreme(Guj) 1596

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.Thakker
Owner/Manager Varahi International – Appellant
Versus
Ishwarbhai Raijibhai Thakor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R C Jani & Associate
For the Respondent: Ms Dipmala S Desai

JUDGMENT :

M. K. Thakker, J.

1. Rule returnable forthwith. Learned advocate Ms. Dipmala Desai waives service of rule on behalf of the respondent.

2. With the consent of the parties, instead of deciding the application for stay, this Court has proceeded to hear the main matter on merits.

3. The present petition is filed under Articles 226 and 227 of the Constitution of India thereby challenging the award passed by the learned Labour Court, Ahmedabad in Reference LCA No.514 of 2014 passed below Exh.21 dated 18.04.2022 and the order passed below Exh.9 dated 30.03.2016.

4. It is the case of the present petitioner that as per the allegations made by the respondent in the statement of claim, the respondent was serving with the petitioner - establishment on the post of Peon / Helper since many years and he was getting daily wages of Rs.225/-. It is alleged that the service of the respondent was terminated on 11.01.2012. Challenging the termination, the dispute was raised before the learned Assistant Commissioner, which was ultimately culminated into the reference, learned Reference Court has decided the reference in favour of the respondent ex-parte as the petitioner – establishment did not ap

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