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2025 Supreme(Guj) 1991

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER
Shree Somnath Trust – Appellant
Versus
Kamlesh Manishankar Pathak – Respondent


Advocates Appeared:
For the Petitioner: Mr. DG Shukla, Mr Harsheel D Shukla
For the Respondent: Mr. SP Majmudar, Rushabh H Munshaw

JUDGMENT :

M. K. Thakker, J.

1. Rule returnable forthwith. Learned advocate Mr.S.P.Majmudar waives service of notice of Rule on behalf of respondent.

2. The present petition has been filed challenging the award passed by the learned Labour Court, Junagadh, in Reference (T) No. 08 of 2018, whereby the Labour Court directed the present petitioner–Trust to reinstate the respondent to his original post with continuity of service, 50% back wages, and all consequential benefits, along with costs of Rs.1,000/-.

3. petitioner–Trust is engaged in religious activities and is responsible for the management and upkeep of the Somnath Temple, along with other associated temples, guest houses, and facilities for pilgrims visiting for darshan. The Trust is primarily funded through public donations and employs both part-time and full-time staff to carry out its activities. The respondent was initially appointed as a Poojari at the Aghoreshwar Temple vide appointment letter dated 31.08.1990. His services were confirmed by office order dated 06.02.1991, with effect from 01.01.1991. During the course of his employment, the petitioner issued communications dated 30.10.1990, 05.03.1991, and 23.09.1992 to th

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