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Divisional vs Natvarbhai

High Court Of Gujarat|11 May, 2012

JUDGMENT / ORDER

1. By way of this petition, the petitioner has challenged the judgement and order dated 30.11.2011, passed by the Presiding Officer, Labour Court, Himmatnagar, in Reference (LCH) No. 128 of 2005, whereby the Reference Court has partly allowed the reference.
2. The brief facts leading to filing of these petition are that the present respondent No.1 jointed the services of the petitioner-Corporation in the year 1983 as conductor. On inspection, the petitioner was illegally collecting the amount without issuing tickets. After following due process the petitioner was removed from the service. Therefore, the respondent No.1 preferred reference being Reference (LCH) No. 128 of 2005 before the Labour Court. The Labour Court vide judgement and order dated quashed and set aside the removal order of the respondent No.1. Hence, this petition.
3. Learned advocate for the petitioner contended that the Reference court erred in deciding the Reference of the the petitioner. He further contended that the Reference Court failed to appreciate the material on record in its true perspective. Therefore, he has prayed to allow the present petition.
4. I have heard learned advocates appearing for both the parties and perused the material on record. I have gone through the impugned judgement and order of the Reference Court and I find that the the judgement and order of the Reference Court is just and appropriate and in consonance with the evidence on record. Therefore, I am in complete agreement with the reasonings given by and the conclusion arrived at by the Reference Court and hence, I find no reason to entertain the present petition.
5. In the result, this petition is dismissed. No order as to costs.
[K.S.
JHAVERI,J.] pawan Top
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Title

Divisional vs Natvarbhai

Court

High Court Of Gujarat

JudgmentDate
11 May, 2012