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2024 Supreme(Online)(GUJ) 26595

HIGH COURT OF GUJARAT
M. K. THAKKER, J
ISHWARBHAI SENDHABHAI THAKOR – Appellant
Versus
MANAGER INGERSOLL RAND (INDIA) LTD. – Respondent


Advocates:
MR SHASHIKANT S GADE(1706), MS.HIMANSHI PATWA, ANANDODAYA S MISHRA(8038)

ORAL JUDGMENT

1. This petition is filed under Article 14, 16, 226 and 227 of the Constitution of India for following reliefs:-

“6. (b) be pleased to quash & set aside impugned order dtd.17/8/2020 passed in Ref.LCA No.1339/2007 in Ld. Labour Court No.2 at Ahmedabad vide ANNEXURE “A”;”

2. Brief facts arising for consideration of this petition is as under:-

2.1. The petitioner was working as a workman in the respondent No.1-company i.e. Ingersoll rand (India) Ltd. in the year 2000 and he was terminated on 23.01.2007. The dispute raised before the Industrial Court that though the petitioner has worked for 12 hours in a day and his service was spotless and though the petitioner has served with the respondent No.1-company from 2000 to 2005 and thereafter, with respondent No.2 contractor from 2005 to 2007, without following the procedure prescribed under the Act his services were terminated. Learned labour court after considering the submission has partly allowed the reference by holding that the services of the petitioner is required to be reinstated by the respondent No.2 i.e. J.S.Contractor and the relief against the respondent No.1 was rejected. The said award dated 17.08.2020 is the subj

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