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Ramavtar Vaishya vs State Of Gujarat &

High Court Of Gujarat|04 December, 2012
|

JUDGMENT / ORDER

1. This petition has been preferred against the judgment and award passed by the Labour Court, Ahmedabad in Reference (LCA) No.309/2003 dated 19.01.2007 whereby, the reference was rejected.
2. The facts in brief are that the petitioner herein was serving as Senior Clerk with respondent no.3- Federation. It is the case of the petitioner that his services were orally terminated by respondent no.3 on 30.04.2002. Being aggrieved by the said action of the respondents, the petitioner raised a dispute, which culminated into a reference before the Labour Court. After hearing both the sides, the Labour Court rejected the reference by impugned award dated 19.01.2007. Hence, this petition.
3. Heard learned counsel for both the sides. It appears from the record that the petitioner was permitted to work on humanitarian grounds as he was suffering from disability of the legs. His appointment was never regular and therefore, he does not have the right to claim reinstatement in service. In other words, there did not exist any master – servant relationship between the petitioner and respondent no.3. Considering the aforesaid aspects, the Labour Court was justified in rejecting the reference. I am in complete agreement with the reasonings given by the Labour Court while rejecting the reference and hence, find no reasons to entertain this petition.
4. For the foregoing reasons, the petition is dismissed. Rule is discharged.
(K.S.JHAVERI, J.) Pravin/*
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Title

Ramavtar Vaishya vs State Of Gujarat &

Court

High Court Of Gujarat

JudgmentDate
04 December, 2012
Judges
  • Ks Jhaveri
Advocates
  • Ms E Shailaja