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SCA/12278/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12278 of 2009
=========================================================
BHIL
SEVA MANDAL - Petitioner(s)
Versus
DITABHAI
SINGABHAI BILVAL - Respondent(s)
=========================================================
Appearance
:
MR
KV GADHIA for
Petitioner(s) : 1,
MR DIPAK R DAVE for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/03/2010
ORAL
ORDER
Heard
learned Advocate Mr. KV Gadhia for petitioner and learned Advocate
Mr. Dipak R. Dave for respondent. Considering submissions made by
both learned Advocates, question raised and involved in this
petition would require detailed examination. Hence, Rule.
Learned
Advocate Mr.Gadhia for petitioner submitted that petitioner has
reached to age of superannuation on 1st June, 2009.
Learned Advocate Mr. Dave submitted that no retirement benefit is
paid by petitioner to concerned workman. In view of these
submissions, interim relief is granted in terms of para 11(B) on
condition that petitioner shall have to pay all the retirement
benefits to concerned respondent as if he has remained continuously
in service notionally upto date of retirement within one month from
date of receiving copy of this order and this amount of all the
retirement benefits as directed by this court will be paid by
petitioner to concerned respondent workman after concerned
respondent workman vacates quarter which is in his possession.
(H.K.
Rathod,J.)
Vyas
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