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SCA/15957/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15957 of 2008
=========================================================
KAMLABEN
BABUBHAI LEGAL HERIS - Petitioner(s)
Versus
SOMABHAI
LIMBABHAI KOLI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KISHOR M PAUL for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4
UNSERVED-EXPIRED (N)
for Respondent(s) : 1,
NOTICE UNSERVED for Respondent(s) : 2,
MR
NJ SHAH, AGP for Respondent(s) : 3,
NOTICE SERVED BY DS for
Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 01/05/2009
ORAL
ORDER
When
the matter is taken up for hearing, learned AGP Mr.N.J.Shah is not
present. Mr.Paul, learned advocate for the petitioner referred to
earlier order dated 11.2.2009 whereby it was recorded in the order
that the respondent No.3 has, despite the order dated 30.12.2008,
adamantly neglected to file action taken report and the affidavit.
The respondent No.3 is, therefore, directed to remain personally
present on the next date of hearing i.e. 18th March, 2009,
at 10.30 a.m. in this Court.
Despite
the said order dated 11.2.2009, any affidavit or action taken report
is not placed on record. Hence the respondent No.3 is directed to
remain personally present in the Court on 14.5.2009.
After
the order is passed but before it could be signed, Mr.Shah, learned
AGP has come to the Court and apologied and has also tendered an
affidavit.
In
the affidavit it has been stated by the Collector i.e. respondent
No.3 that the recovery certificate received by the office was
returned to the Labour Court on the ground that the authority to
execute the recovery certificate in rural areas was assigned to
District Development Officer and was not with the office of
Collector. That is the reason given by the respondent No.3
Collector for not executing the recovery certificate.
By
any standard, the affidavit made by the respondent No.3 Collector
is short of the direction given by this Court in order dated
11.2.2009. This Court had directed the respondent No.3 Collector
to file an action taken report and to explain the reasons for delay
in not executing the recovery certificate until now.
It
emerges from the record that the recovery certificate was issued by
the Labour Court on 22.8.2006. The affidavit it transpires that the
office of respondent No.3 Collector addressed a letter dated
31.1.2008 i.e. after more than one and half year and returned the
recovery certificate to Labour Court on the ground of want of
authority. The deponent has, however, not explained anything about
the actions which were taken from the day on which the recovery
certificate was issued until it came to be returned to the Labour
Court. The respondent No.3 is hereby again directed to file
affidavit explaining the reasons as to why any action was not taken
in the interregnum of one and half year. The complete details for
the entire delay shall have to be placed on record by way of
affidavit. The affidavit must be filed before this Court on or
before 13.5.2009. If the affidavit along with the action taken
report is not filed, then the respondent No.3 will have to remain
present in the Court. It will also have to be clarified by the
respondent No.3 or learned AGP as to whether all the Labour Courts
in the State have been informed about the Government’s decision
regarding bifurcation of the duties regarding execution of the
recovery certificate or not. It will have to be clarified as to
whether the Court have been conveyed the duty of executing the
recovery certificate in rural areas is now conferred on and rests
with DDO and not with the office of Collector. If such development
is not informed to all the Labour Courts in the State, necessary
action must be taken to inform all the Labour Courts in the State
about the said modification, within 15 days from today so that the
Labour Courts may not, for want of such information, keep on issuing
recovery certificates to the office of the Collector and precious
time may not be wasted.
S.O.
to 14.5.2009.
(
K.M. THAKER, J. )
syed/
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