Dinesh Kalabhai Rabdiya vs Karya Palak Ijnershri Rajkot Advocate - A G P — 77/2024

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Case Summary: Reference (T) No. 77/2024 Court Decision: The Labor Court dismissed Dinesh Kalabhai Rabdiya's industrial dispute reference against the irrigation department officials. Key Facts: Rabdiya, a daily-wage laborer, worked continuously from 2000 to May 1, 2013, for the irrigation department but was terminated verbally without notice, severance pay, or gratuity. He filed for illegal termination under the Industrial Disputes Act, claiming continuous employment status and seeking reinstatement with back wages. Reasoning: The court found Rabdiya failed to prove continuous employment for 240+ days as required under Section 25(B) of the Industrial Disputes Act, despite circumstantial evidence. The employer's witness testimony contradicted key details about employment records. The reference was filed 11 years after termination without adequate justification for the delay, making it procedurally defective under amended provisions requiring disputes be filed within one year. This case analysis is maintained by casestatus.in based on publicly available court records.

Disposed

Judge, Labour Court

For Order

Judge, Labour Court

For Order

Judge, Labour Court

For Order

Judge, Labour Court

For Arguement of Applicant

Judge, Labour Court

For Arguement of Applicant

Judge, Labour Court

For Arguement of Applicant

Judge, Labour Court

For Evidence of opponent

Judge, Labour Court

For Evidence of opponent

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Evidence of Applicant

Judge, Labour Court

For Reply of opponent

Judge, Labour Court

For Reply of opponent

Judge, Labour Court

For Reply of opponent

Judge, Labour Court

For Reply of opponent

Judge, Labour Court

For Reply of opponent

Judge, Labour Court

First hearing

Initial hearing scheduled

Case filed

Registration No. 77/2024