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HIGH COURT OF GUJARAT
A.S. SUPEHIA, J
CHIEF OFFICER – Appellant
Versus
DINESHBHAI GOVINDBHAI HARIJAN – Respondent
| Table of Content |
|---|
| 1. challenges against awards for reinstatement without evidence. (Para 2 , 3 , 4) |
| 2. burden of proof rests with workers to show termination violations. (Para 5 , 10) |
| 3. court's observations on labour court's oversight. (Para 11 , 12) |
| 4. remand decision for the labour court's reconsideration. (Para 14) |
JUDGEMENT
1. Since the common issue and facts are involved in the present writ petitions, the same are heard and decided analogously.
2. In the captioned writ petitions, the respondents-workmen have challenged the awards passed by Labour Court, Nadiad, wherein and whereby, the petitioner-Nagarpalika is directed to reinstate the respondent-daily wagers with continuity of service without back wages.
3. Learned advocate Mr.Mehulsharad Shah appearing for the petitioner-Nagarpalika has submitted that the award of the Labour Court suffers from non-application of mind as no evidence - either documentary or oral was produced before the Labour Court and the award is passed in favour of the respondents-employees only on conjunctures and surmises.
It is submitted that the petitioner-Nagarpalika had initially passed a Resolution No.510 dated 22.10.1999 to convert the part ti
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