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High Court of Gujarat Vs. Hitendra Vrajlal Ashara [24/11/14]

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[Civil Appeal No. 10304 of 2014]. This appeal is preferred against the judgment and final Order dated 30.8.2013 passed by the High Court Gujarat at Ahmedabad in Special Civil Application No.15449 of 2008. The respondent was working as a Judicial Officer under the administrative control of the High Court namely the appellant herein. Labour Court of Bhavnagar had passed ex-parte award dated 17.7.1993 in Reference (LCB) No.490 of 1990 in favour of workman, wherein his termination was set aside with a direction to grant consequential benefits. The employer filed Misc. Application No.92 of 1993 on 21.11.1993 to set aside the ex-parte award in the said case and the Labour Court dismissed the application on 28.4.1997. Employer filed another Misc. Application No.37 of 1997 praying to set aside the ex-parte award in the said case. Meanwhile workman filed Recovery Application No.279 of 1997 and the Labour Court directed recovery in pursuance to order passed in Reference LCB No.490 of 1990. Challenging the original award and the order passed in recovery application the employer preferred Special Civil Application Nos. 446 and 520 of 1998 and the High Court dismissed the same. Respondent as In-charge Judge of the Labour Court of Bhavnagar allowed the employer's Misc. Application No.37 of 1997 on 8.5.1998.

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