Gujarat High Court
Deputy Executive Engineer vs Ashish P Dave on 16 December, 2014
Author: Anant S.Dave
Bench: Anant S. Dave
C/SCA/16131/2006 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 16131 of 2006
With
SPECIAL CIVIL APPLICATION NO. 16132 of 2006
With
SPECIAL CIVIL APPLICATION NO. 16133 of 2006
With
SPECIAL CIVIL APPLICATION NO. 17858 of 2006
With
SPECIAL CIVIL APPLICATION NO. 17859 of 2006
With
SPECIAL CIVIL APPLICATION NO. 6480 of 2007
With
SPECIAL CIVIL APPLICATION NO. 6485 of 2007
With
SPECIAL CIVIL APPLICATION NO. 6486 of 2007
With
SPECIAL CIVIL APPLICATION NO. 6487 of 2007
With
SPECIAL CIVIL APPLICATION NO. 7299 of 2007
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DEPUTY EXECUTIVE ENGINEER....Petitioner(s)
Versus
ASHISH P DAVE....Respondent(s)
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Appearance:
MR KH BAXI, ADVOCATE for the Petitioner(s) No. 1
MR NILESH SHAH , ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE
Date : 16/12/2014
COMMON ORAL ORDER
Page 1 of 2
C/SCA/16131/2006 ORDER
Heard learned counsels for the parties Mr. Nilesh Shah for the workman and Mr. K.H.Baxi for the employer.
Learned counsel for the workman HAS placed reliance on the decision of this Court in the case of Nagjibhai Paljibhai Zala & Ors v. State of Gujarat reported in 2011(2) GLR 1592, which has taken into consideration decisions of the Apex Court and interpretation of word `reinstatement', which includes continuity of service unless labour court has expressly refused continuity of service. In the present case, the labour court has not expressly refused continuity of service of workman and accordingly they are entitled for continuity in service.
Mr. Baxi, learned counsel for the employer seeks time.
Stand over to 16th January, 2015.
(ANANT S.DAVE, J.) pvv Page 2 of 2