STATE OF GUJARAT Vs. VIJAYKUMAR SHABHAIBHAI HARIJAN
LAWS(GJH)-2021-12-799
HIGH COURT OF GUJARAT
Decided on December 13,2021

STATE OF GUJARAT Appellant
VERSUS
Vijaykumar Shabhaibhai Harijan Respondents

JUDGEMENT

- (1.)In the present writ petition, the petitioner- State has challenged the award dtd. 5/6/2020 passed by the Labour Court, Godhra in Reference (T) No.149 of 2007, whereby the petitioner is directed to reinstate the respondent-workman on his original post without back wages.
(2.)Learned advocate Mr.Dave for the respondent- workman has submitted that the respondent-workman has not challenged the impugned award.
(3.)Learned Assistant Government Pleader for the petitioner-State has submitted that the impugned award of the Labour Court is required to be quashed and set aside since there were no documents produced by the respondent-workman to claim that he has worked for 240 days. It is submitted that the respondent-workman was engaged only for seasonal work and there was no permanent work and since his service was not required, he was not called. It is submitted that the petitioner had produced the relevant muster rolls, which would reveal that the respondent- workman had not worked for 240 days and hence, the impugned award may be set aside.


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