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SCA/2204/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2204 of 2009
=========================================================
REFLON
RESINS & CHEMICAL LTD - Petitioner(s)
Versus
GADHVI
DUNGARDAS JIVABHAI - Respondent(s)
=========================================================
Appearance
:
MS
MEENU KUMAR for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) :
1,
MRPCCHAUDHARI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 11/02/2010
ORAL
ORDER
Heard
learned advocate for the parties.
Looking
to the order impugned and the contentions taken up for not removing
the employee from the service, the matter deserves consideration.
Hence rule.
By
way of interim relief the award impugned shall remain stayed on a
condition of compliance with Section 17B of the Industrial Disputes
Act,1947. However, in case, the petitioner is ready and willing to
reinstate the employee on his original post with current wages
admissible to the person holding the said post, then the workman
shall report for duty
without prejudice to rights and contentions of party in this
petition, and only in that event, the petitioner is absolved from
compliance with Section 17B of the Industrial Disputes Act,1947.
(S.R.BRAHMBHATT,J.)
Vahid
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