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SCA/4611/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4611 of
2011
=========================================================
MEHMUDBHAI
ALAMBHAI CHAUHAN - THROUGH GENERAL WORKERS - Petitioner(s)
Versus
SPECIAL
RECOVERY OFFICER AND DEPUTY MAMLATDAR (GRATUITY) & 1 -
Respondent(s)
=========================================================
Appearance
:
MR
PH PATHAK for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/04/2011
ORAL
ORDER
Heard
learned Advocate Mr. PH Pathak for petitioner. In this petition,
name of petitioner is Mahemudbhai Alambhai Chauhan through General
Workers And North Gujarat Bidi Kmdar Union. This petition is filed
in favour of three employees. Employee Husenbhai Usmanbhai Malek is
having separate orders of gratuity passed by Controlling Authority
and in case of Somabhai Karshanbhai Parmar, and Shrimati Dakshaben
Hareshbhai Barot, all these employees have filed application before
Controlling Authority, Mehsana and that order is not implemented by
respondents and, therefore, recovery certificate has been issued
under section 8 of Payment of Gratuity Act and individual
certificate has been obtained from Controlling Authority by
workmen. Similarly, notice is also individually served by advocate
Mr. AJ Dave to recovery officer.
In
light of these facts, separate cause of action, separate employee
require separate petitions in respect of each employee. Therefore,
learned advocate Mr. Pathak for petitioner submitted that he may be
permitted to file separate one page petition in respect of remaining
employees while dispensing with filing of copy of order, list of
events, index, affidavit of workman and present petition may be
ordered to be treated as petition in respect of employee Mahemudbhai
Alambhai Chauhan. Therefore, considering it, let, such one page
petitions be filed by petitioner in respect of remaining employees
while dispensing with filing of list of events, index, affidavit of
workman but individual Vakalatnama is to be filed for rest of
employees by learned advocate Mr. PH Pathak and in case if court
fees are not paid in respect of each workman, then, remaining court
fees are also required to be paid by petitioner before filing such
one page petitions. Registry of this Court is accordingly directed
to accept such one page petitions that may be filed by petitioner in
respect of remaining employees while dispensing with filing of list
of events, index, affidavit of workman. Accordingly, matter is
adjourned to 26th April, 2011.
(H.K.
Rathod,J.)
Vyas
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