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CA/4008/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING INTERIM RELIEF No. 4008 of 2011
In
SPECIAL
CIVIL APPLICATION No. 15683 of 2010
=========================================================
MOHMAMAD
HANIF ALIFKHAN NAGORI - Petitioner(s)
Versus
IDAR
MUNICIPAL BUREAU & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MANISH S SHAH for
Petitioner(s) : 1,
MR VIJAY H NANGESH for Respondent(s) : 1,
MR
AL SHARMA AGP for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/03/2011
ORAL
ORDER
1. Heard
learned advocate Mr.Manish S. Shah for applicant, learned advocate
Mr.Vijay H. Nangesh for respondent No.1 and learned AGP
Mr.A.L.Sharma for respondent No.2.
2. This
application is filed with a prayer to direct the original petitioner
to pay last drawn monthly wages to present applicant – workman,
because in spite of the order passed by this Court on 27.12.2010 in
SCA No. 15683 of 2010, the last drawn monthly wages has not been paid
to workman and therefore, further prayer is also made to vacate the
interim order passed by this Court.
3. I
have considered submissions made by learned advocates appearing on
behalf of respective parties and considering it, the last drawn wage
as mentioned in award of Rs.79.20 ps. Therefore, accordingly monthly
wages is to be worked out by original petitioner and that is to be
paid by original petitioner to present applicant.
4. This
last drawn monthly wages under Section 17(B) of I.D.Act,1947 while
considering daily wage of Rs.79.20 ps. is to be paid by original
petitioner w.e.f. 30.9.2010 to 31.3.2011, within a period of one
month from date of receiving copy of present order. Thereafter, it is
further directed to original petitioner to pay regularly last drawn
monthly wages on the same basis considering daily wage of Rs.79.20
ps. and to calculate monthly wages, till the matter is finally
decided by this Court.
5. In
view of above observations and directions, present application is
disposed of.
[
H.K.RATHOD, J. ]
(vipul)
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