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SCA/1743/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1743 of 2009
=========================================================
TECHNO
PLAST ENGINEERING CO - Petitioner(s)
Versus
PANCHAL
YOGESHCHANDRA J & 1 - Respondent(s)
=========================================================
Appearance
:
MRS
YOGINI V PARIKH for
Petitioner(s) : 1,
MR PC CHAUDHARI for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 01/05/2009
ORAL
ORDER
Heard
Ms.Yogini Parikh, learned advocate for the petitioner and
Mr.P.C.Chaudhari, learned advocate for the respondent.
RULE.
It
is the case of the petitioner that the petitioner has not terminated
the service of the respondent and it was ready and willing to allow
the respondent to resume his duty. Ms.Parikh, learned advocate has
relied on a purshis dated 11.12.1995 in support of her said
submissions.
As
against the said submission of petitioner, Mr.Chaudhari, learned
advocate has referred to and relied upon the observations of the
Labour Court. After considering the oral and documentary evidence on
record, the Labour Court has recorded that the submissions of the
employer cannot be accepted because the employer had never made such
suggestion during the conciliation proceedings and it was almost two
and half years after the proceedings were initiated before the
Labour Court that for the first time the petitioner came out with
such contention. The Labour Court has disbelieved the contention of
the employer in light of its conduct. The said aspect is under
consideration before this Court in this petition. However, in view
of the submissions of the petitioner, that it had not terminated the
respondent and is willing to reinstate him, the interim relief of
stay against the directions for reinstatement is refused. So far as
the direction granting backwages is concerned, the same is stayed on
the condition that the petitioner shall deposit the amount of back
wages within period of six weeks from the receipt of this order.
After the amount is deposited, the same will be invested in a fixed
deposit with a Nationalised Bank for a period of two years and the
same will not be permitted to be withdrawn without express order of
this Court. The amount will be invested in fixed deposit in such a
manner that the fixed deposit shall earn quarterly interest. If
amount is not deposited within time, the relief shall not come in
operation.
(
K.M. THAKER, J. )
syed/
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