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HIGH COURT OF GUJARAT
A.S. SUPEHIA, J
CHIEF OFFICER – Appellant
Versus
DINESHBHAI GOVINDBHAI HARIJAN – Respondent
| Table of Content |
|---|
| 1. dispute over employment termination. (Para 2 , 3) |
| 2. arguments regarding lack of evidence. (Para 4 , 5) |
| 3. court's requirement for evidentiary support. (Para 6 , 10 , 11) |
| 4. need for remand and assessment of circumstances. (Para 12 , 13) |
| 5. conclusion allowing petitions and remanding for decision. (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 surmises.
It is submitted that the petitioner-Nagarpalika had initially passed a Resolution No.510 dated 22.10.1999 to conver
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