IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. THAKKER, J
RAJKOT DISTRICT PANCHAYAT & ORS. – Appellant
Versus
NARENDRASINH BAHADURSINH JADEJA & ANR. – Respondent
| Table of Content |
|---|
| 1. nature of employment and appointment conditions. (Para 2 , 3) |
| 2. arguments over the timing and communication of termination. (Para 5 , 6) |
| 3. interpretation of the industrial disputes act on temporary employment. (Para 7) |
| 4. inferences on retrenchment and employment rights. (Para 8) |
| 5. final court decision based on the assessment of the labor court's ruling. (Para 9 , 10) |
ORAL JUDGMENT
ORDER IN SPECIAL CIVIL APPLICATION NO.20147 OF
2016
1. Rule returnable forthwith. Learned advocate Mr.Sahil Shah waives service of Rule on behalf of the respondent.
2. This petition is filed under the Article 226 and 227 of the Constitution of India challenging the award passed by the learned labour court, Rajkot in Reference (LCR) No.158 of 2004 dated 11.08.2016 by which the respondents were granted the relief of reinstatement with 20% back wages.
3. It is the case of the present petitioner that the respondent was engaged as a Driver at the Primary Health Centre, Village Khodapipar, Taluka Paddhari, District Rajkot, to enable the Medical Officer to attend patients in rural areas. The respondent was appointed on 15.04.2001 on a purely temporary basis, subject to the condition that his service
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