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2025 Supreme(Guj) 2082

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER
Krunalkumar Madhusudhan Golwala – Appellant
Versus
Glenmark Generics Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr P.C. Chaudhari.
For the Respondents: Mr Kamlesh P. Vaidankar, Nilu K. Vaidankar, Mr Aditya Davda, AGP

JUDGMENT :

M.K. THAKKER, J.

1 The present petition has been filed challenging the order passed by the learned Labour Court, Bharuch in Reference (LCB) No.75 of 2015 dated 15.04.2019, whereby the Reference filed by the petitioner came to be rejected on the ground that the petitioner does not fall within the ambit of Section 2(s) of the Industrial Disputes Act, 1947 (‘the I.D. Act’ referred hereinafter).

2 It is the case of the petitioner before the learned Reference Court that he was working as a Store Officer in the Warehouse Department since 23.03.2008, drawing a monthly salary of Rs.25,000/-, and that he was discharging duties falling within the ambit of a "workman" as defined under Section 2(s) of the Industrial Disputes Act, 1947, without any authority or powers vested in the managerial cadre. It is the case of the petitioner that the respondent– management levelled false and fabricated allegations against him with regard to the theft of silver nitrate, allegedly recovered from his car, and on that basis, he was terminated from service on 30.01.2013 without holding any departmental inquiry. The petitioner therefore raised an industrial dispute seeking a declaration that his termin

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