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SCA/979/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 979 of 2011
=========================================================
SARDAR
SAROVAR NARMADA NIGAM LTD - Petitioner(s)
Versus
NAVABKHAN
ALIAS NABIPIRKHAN - Respondent(s)
=========================================================
Appearance :
MR
HS MUNSHAW for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 08/02/2011
ORAL
ORDER
Mr.
H.S. Munshaw, learned Advocate appearing for employer-petitioner
submitted that in a peculiar facts of this case, the petition was
required to be preferred, as unfortunately the Award rendered on
09.11.2005 had not been challenged on account of reasons mentioned in
paragraph No.2 of the memo of the petition. He submitted that remedy
under Rule 26 A&B of the Industrial Disputes (Gujarat) Rules, is
available but the aspect of delay might pose serious impediment in
availing the remedy. He submitted that the petitioner be permitted to
take resort to appropriate remedy. With some observation he seeks
permission to withdraw the petition with a view to avail the
alternative remedy. Permission as sought for is granted. It is
expected that the concerned Court if moved with an appropriate
application would appreciate the facts and circumstances and pass
order thereon in accordance with law. The matter stands disposed of
accordingly.
Sd/-
(S.R.
Brahmbhatt, J.)
M.M.BHATT
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