STATE OF GUJARAT Vs. RANABHAI HARJIBHAI SARVAIYA

JUDGEMENT

(1.) The petition is impugning the judgment and award dtd. 1/9/2010 in Reference (LCB) No. 53 of 1995, whereby the learned Labour Court, Bhavnagar has partly allowed the Reference and the respondent-workman has been reinstated in service along with continuity and 20% back-wages.

(2.) The factual matrix of the present case is as under :-

(3.) Ms.Tejal Rajput, learned Assistant Government Pleader for the petitioner submits that the learned Labour Court has failed to appreciate the reply given by the Superintendent, General Hospital, Bhavnagar by letter dtd. 7/8/2010, whereby it was informed to the learned Labour Court that the respondent-workman was neither the employee of the hospital nor he has worked with the hospital at any point of time.