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LPA/1048/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1048 of 2011
IN
SPECIAL
CIVIL APPLICATION No. 14586 of 2010
WITH
CIVIL
APPLICATION No. 7750 of 2011
IN
LETTERS
PATENT APPEAL No. 1048 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE G.B.SHAH Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
DHORAJI
MUNICIPALITY - Appellant
Versus
KHAKHA
HAMIRBHAI RATHOD - Respondent
======================================
Appearance
:
MR
PREMAL R JOSHI for Appellant.
MR UT MISHRA for
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 21/07/2011
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
This
appeal has been filed challenging the order dated 25.01.2011 passed
by the learned Single Judge in Special Civil Application No.14586 of
2010.
The
respondent – workman asked for a copy of the Muster Roll under
the Right to Information Act which he filed before the Labour Court
as Exh.42 & 44 to establish that he worked for 240 days in the
preceding 12 months from the date of termination. The Labour Court
has not awarded back wages but ordered reinstatement. Therefore, the
learned Single Judge upheld the award passed
by the Labour Court.
The
two Courts have recorded concurrent finding of fact that the
respondent workman has worked for a period of 240 days and the
termination order was illegal.
We
do not find any illegality in the impugned order passed by the
learned Single Judge or by the Labour Court. This appeal fails and
is accordingly dismissed.
In
view of dismissal of appeal, Civil Application does not survive and
it is accordingly dismissed. Sd/-
[V. M. SAHAI, J.]
Sd/-
[G. B. SHAH, J.]
Savariya
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