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SCA/11483/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11483 of 2007
With
SPECIAL
CIVIL APPLICATION No. 11484 of 2007
With
SPECIAL
CIVIL APPLICATION No. 11485 of 2007
With
SPECIAL
CIVIL APPLICATION No. 11486 of 2007
=========================================================
DHARMISHTABEN
KHEMABHAI PATEL - Petitioner(s)
Versus
SABARKANTHA
DISTRICT CENTRAL CO.OP. BANK LTD - Respondent(s)
=========================================================
Appearance :
MS
NAYANA M PATEL for Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/05/2007
ORAL
ORDER
By virtue of the order
passed today in Misc. Civil Application No. 1197 of 2007, the order
passed in the aforesaid petitions on 30.04.07 disposing of the
petitions is recalled and the petitions restored to file
At the request of
learned advocate Ms. Nayna Patel, these petitions are taken up for
hearing today.
The grievance of the
petitioner is that even though the order passed by the Labour Court,
Himatnagar in Application B.I.R. No. 1 to 4 of 2004 dated 02.05.05
has been accepted by the respondent-Bank by passing resolution No. 13
dated 21.05.05, no benefits have been paid to the petitioners by the
respondent Bank. The present petitions have therefore been filed with
a prayer to direct the respondent-Bank to implement their resolution
No. 13 dated 21.05.05 which has not been implemented by the
respondent Bank for more than 2 years.
Learned advocate Ms.
Nayna Patel submitted that the order passed by the Labour Court,
Himatnagar in Application B.I.R. No. 1 to 4 of 2004 dated 02.05.05 is
not challenged before the higher forum by the respondent Bank, and no
stay is operating against the aforesaid order, but on the contrary,
the respondent Bank itself has passed resolution No. 13 dated
21.05.05 to implement the aforesaid order.
In light of the above
background, it is directed to the respondent Bank to implement the
resolution No. 13 dated 21.05.05 passed by the respondent Bank and to
pay to the petitioners whatever arrears and service benefits and/or
monetary benefits available to the petitioners as per the aforesaid
order and resolution, within a period of three months from the date
of receipt of copy of this order.
All the four petitions
are disposed of as per the above observations and directions.
Mathew
[H.K.RATHOD, J.]
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