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HIGH COURT OF GUJARAT
A.S. SUPEHIA, J
CHIEF OFFICER – Appellant
Versus
DINESHBHAI GOVINDBHAI HARIJAN – Respondent
| Table of Content |
|---|
| 1. facts of employment dispute and claimant's assertions. (Para 2 , 3) |
| 2. arguments presented by both parties regarding evidence and employment. (Para 4 , 5) |
| 3. court's observations regarding lack of evidence and procedural issues. (Para 6 , 9) |
| 4. established burden of proof regarding continuous service under employment law. (Para 10 , 11 , 12) |
| 5. final ruling allowing petitioner with directives for the labour court. (Para 14 , 15) |
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 surmi
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