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2024 Supreme(Online)(GUJ) 27259

HIGH COURT OF GUJARAT
A.S. SUPEHIA, PRANAV TRIVEDI, JJ
JADEJA PRAVINSINH NANBHA – Appellant
Versus
STATE OF GUJARAT – Respondent


Petitioner Advocates:MR BJ TRIVEDI(921) ,Respondent Advocate: GOVERNMENT PLEADER(1)

IA ORDER

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

1. The present Misc. Civil Application is preferred with a prayer to recall the order dated 15.02.2024 passed in the captioned appeal being Letters Patent Appeal No.1482 of 2018 and further direct to enhance the lump-sum compensation awarded in lieu of reinstatement, in light of the calculation placed by the applicant.

2. The factual matrix, which has given rise to filing of the present application is that the applicant-workman was employed as a daily wager on temporary ad hoc basis as Wireless Operator / Generator Operator-cum-Site Supervisor with a wage of Rs.600/- per month in the Irrigation Department, State of Gujarat (hereinafter referred as to "the opponent"). It was the case of the applicant that there was a forceful retrenchment in the year 1994, without following any procedure of law and, therefore, violative of Sections 25F, 25G and 25H of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). After the alleged retrenchment, the applicant preferred an application before the Labour Commissioner and the dispute was converted into Labour Case being Reference (LCB) No.166 of 2005. However, the reference was

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