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SCA/12681/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12681 of 2009
=========================================================
SHETH
SHRI VITHTHALDAS CHHAGANLAL LODHAWALA MATERNITY AND - Petitioner(s)
Versus
HARESH
BHANUSHANKER VYAS C/O GANGADHAR R RAVAL PRESIDENT - Respondent(s)
=========================================================
Appearance
:
MR
DG SHUKLA for
Petitioner(s) : 1,MRHARSHEELDSHUKLA for Petitioner(s) : 1,
MR
GULSHAN N NASHA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/03/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
I
have considered submissions made by both learned advocates and I have
also considered question raised and involved in present petition
which requires detailed examination by this Court, hence, RULE.
Interim
relief in terms of Para 9(B) on condition that petitioner shall have
to comply the provisions of Sec.17B of Industrial Disputes Act, 1947
w.e.f. date of award 24th
August 2009 subject to filing an affidavit of unemployed by workman.
Therefore,
it is directed to petitioner to pay last drawn wages to workman
w.e.f. date of award 24th
August 2009 till 31st
March 2010 within a period of one month from date of receiving copy
of present order and thereafter, it is further directed to petitioner
to pay regularly last drawn wages to respondent workman till special
civil application is finally decided by this Court.
However,
it is open for petitioner that in case if, any material is received
by petitioner regarding gainful employment of workman, petitioner may
file appropriate application before this Court. So long, petitioner
shall have to pay last drawn wages continuously as per present order
to the workman.
Learned
advocate Mr. Gulshan Nasa waives service of notice of rule on behalf
of respondent workman.
Direct
service is permitted to respondent.
[H.K.
RATHOD, J.]
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