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SCA/14460/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14460 of 2011
=====================================
AHMEDABAD
MUNICIPAL CORPORATION THRO MUNICIPAL COMMISSIONER - Petitioner(s)
Versus
PARVIN
HIRASING CHAUHAN - Respondent(s)
=====================================
Appearance
:
MR HS MUNSHAW for Petitioner(s)
: 1,
None for Respondent(s) :
1,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 28/09/2011
ORAL
ORDER
1.0 Heard,
learned advocate Mr. HS Munshaw for the petitioner – Ahmedabad
Municipal Corporation through its Municipal Commissioner, who is
aggrieved by award and order dated
4th March 2011,
passed in Reference (LCA) No. 1508 of 2003 by the learned Judge of
Labour Court No. 3, Ahmedabad.
2.0 The
learned advocate for the petitioner vehemently tried to assail the
award and order, whereby, the learned Judge of the Labour Court has
directed the present petitioner to reinstate the respondent –
workman taking into consideration the seniority, on the basis of his
entry in service of the Corporation, without any back wages.
2.1 The
learned advocate for the petitioner submitted that the respondent –
workman did not remain present before the learned Judge of the Labour
Court after filing Statement of Claim for supporting the averments of
Statement of Claim by any oral evidence. He also submitted that the
respondent – workman did not produce any documents in support
of the averments made in the Statement of Claim.
3.0 It
will be proper to appreciate and note that, on the basis of the
documents produced by the present petitioner, the learned Judge was
able to appreciate the truthfulness of the contents of the Statement
of Claim and if that is so, there was no necessity for the respondent
– workman to either produce any documentary evidence or appear
in person to give oral evidence.
4.0 Despite
strenuous efforts made by the learned advocate for the petitioner,
the learned advocate for the petitioner could not convince this Court
that the award and order dated 4th March 2011, passed in
Reference (LCA) No. 1508 of 2003 by the learned Judge of the Labour
Court No. 3, Ahmedabad warrants any interference at the hands of this
Court. Hence, the petition fails and the same is dismissed.
[
Ravi R. Tripathi, J. ]
hiren
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