NILKAMAL MANGALDAS BAROT Vs. KHETIVADI UTPANNA BAJAR QAMITI

JUDGEMENT

(1.) WE have heard Mr. Avnesh V. Vyas, learned counsel appearing for the appellant and Mr. G.M. Joshi, learned counsel appearing for the respondent.

(2.) BY way of the present Intra -Court Letters Patent Appeal, the appellant - original respondent has challenged the judgment and order dated 29.7.2013 passed by the learned Single Judge in Special Civil Application No. 17629 of 2003 whereby the learned Single Judge has allowed the writ petition filed by the respondent herein - original petitioner and set aside the award dated 20.7.2001 passed by the Labour Court, Kalol in Reference (LCK) No. 131 of 1989.

(3.) LEARNED counsel appearing for the appellant has submitted that the appellant was not engaged on contract basis for one time, but he was engaged for three times for different period. He further submitted that juniors to the appellant were kept in service and the services of the appellant was discontinued. In support of this submission, he relied on the decision of the Apex Court in the case of State of Haryana v. Dilbagh Singh, : 2006 AIR SCW 5435 wherein it is held that where persons junior to the respondent still working, then the senior person could not be terminated.