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SCA/3938/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3938 of
2011
=========================================================
THRO
THE DEPUTY EXECUTIVE ENGINEER, OFFICE OF THE DY EXE - Petitioner(s)
Versus
PURIBEN
BODHABHAI - Respondent(s)
=========================================================
Appearance
:
MR
AJ DESAI, ASST. GOVERNMENT PLEADER
for
Petitioner(s) : 1,
MR DHARMESH V SHAH for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 11/07/2011
ORAL
ORDER
1. Present
petition is filed by the Petitioner-Deputy Executive Engineer, Office
of the Dy. Executive Engineer, Road & Building
Sub-Division(State) challenging the award and order dated 24.12.2009.
2. Learned
AGP for the petitioner vehemently submitted that the learned Judge of
the Labour Court No.1, Bhavnagar, has committed an error in passing
award and order dated 24.12.2009 passed in Reference(L.C.B.)
No.412/1994.
3. Learned
AGP tried to assail the award and order by saying that the learned
Judge has not taken into consideration the fact that the
respondent-Workman had not worked for 240 days.
4. As
against this, learned Advocate, Mr. Dharmesh V. Shah, for the
respondent-Workman, invited attention of this Court to the relevant
part of the discussion, wherein the learned Judge of the Labour Court
has rightly held that in the absence of production of any documentary
evidence, which was with the Management(petitioner, herein), adverse
inference is required to be drawn, as per the various authorities
cited by the respondent-workman.
5. There
being no merit in the petition, this petition is DISMISSED.
Notice is discharged.
(RAVI
R.TRIPATHI,J.)
Umesh/
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