JAYANTIBHAI RAVJIBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has challenged the termination of the petitioner from service.

(2.) Ms.Ratna Vora, learned counsel for the petitioner, would contend that based on material available under the Right to Information Act, which is at annexure-'C' to the petition, the petitioner is in a position to substantiate the fact that the petitioner had worked continuously for a period of 240 days prior to his termination in the year 1999. In context of the prayers made in the petition, it will be in the fitness of things to observe that on an earlier occasion, the petitioner had challenged his termination by way of an industrial dispute.

(3.) On a reference being made to the Labour Court, Vadodara, by way of Reference LCV No. 228/2001, the Labour Court by an award dated 03.12.2009, dismissed the reference and refused to grant relief against reinstatement, which is a subject matter of challenge in this petition. When the petitioner challenged the award of the Labour Court by filing Special Civil Application No. 13964 of 2007, this Court extensively considered the issue on merits, including the submission of the learned advocate as to whether the finding of the Labour Court that the petitioner had not completed 240 days was correct or not. This Court in its oral judgment dated 02.12.2016 held as under: