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MCA/851/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 851 of 2011
In
SPECIAL
CIVIL APPLICATION No. 19168 of 2005
=========================================================
VASOYA
LALITKUMAR GORDHANBHAI & 4 - Applicant(s)
Versus
A
S BHARTI & 3 - Opponent(s)
=========================================================
Appearance
:
MR
MUKESH H RATHOD for
Applicant(s) : 1 - 5.
NOTICE SERVED for Opponent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present petition is non compliance with the order dated
19.07.2010 passed by this Court in Spl. C.A. No. 7723 of 2002 and
allied matters whereby the direction was given to reinstate the
respondent workman on or before 01.09.2010 by modifying the award
passed by the labour Court.
Pursuant
to the notice issued by this Court in the present application, Ms.
Moxa Thakkar, learned AGP places on recorded copy of order dated
02.04.2011 passed by the Executive Engineer, Rajkot Irrigation
Division, Rajkot stating that the original petitioners have been
reinstated in service. She further states on instructions of Mr.
S.H. Rami, Deputy Executive Engineer, Irrigation Sub Division,
Upleta, Dist Rajkot who is present before the Court that the arrears
of the salary from 01.09.2010 till the date of actual date of
reinstatement shall be paid within a period of 3 months from today.
She, however, states that the aforesaid shall be subject to any order
which may be passed against the order which may be filed against the
impugned order passed by the learned Single Judge.
Under
the circumstances, the principal cause of the petitioner is
satisfied. Hence the present proceedings are not required to be
continued any further.
This
application is disposed of accordingly. Notice is discharged. No
costs.
[JAYANT
PATEL, J]
[H.B.
ANTANI, J.]
mathew
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