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CA/5933/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING INTERIM RELIEF No. 5933 of 2007
In
SPECIAL
CIVIL APPLICATION No. 25752 of 2006
=========================================================
MALEK
SIKANDARKHAN KAMUBHA - Petitioner(s)
Versus
DISTRICT
PANCHAYAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
BHUNESH C RUPERA for
Petitioner(s) : 1,
MR GAURANG H BHATT for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/05/2007
ORAL
ORDER
Heard
the learned advocate Mr. BC Rupera on behalf of the original
respondent present applicant, learned advocate Mr. GH Bhatt appearing
for the original petitioner present opponent.
The
original petitioner has challenged the award passed by the Labour
Court in reference no. 151/2005 old no. 228/93 dated 18/7/2006,
wherein Labour Court has partly allowed the reference granted
reinstatement with continuity of service without back wages of
interim relief. This Court has passed following order on 11/12/2006.
?S(Coram
: Ms. Rekhaben Doshit, J)
Rule.
Interim stay pending the petition is refused. Reinstatement of the
workman in service pursuant to the impugned order shall be subject to
the result of this petition.??
In
the main petition, there is no stayed against the reinstatement
granted by this Court. Learned advocate Mr. Rupera submitted that in
spite of no stay against the reinstatement, original petitioner has
not reinstated the petitioner in service till date. Therefore,
present application is filed.
Learned
advocate Mr. Bhatt submitted that he has already informed to the
petitioner about the order passed by this Court and probably there
may be some process of issuing order in favour of applicant.
Apart
from this fact once stay is refused by this Court and award passed by
the Labour Court, in favour of the applicant granted reinstatement
with continuity of service, then it is duty of the original
petitioner to reinstatement the workman without any further delay,
otherwise it amounts to offence under section 29 of the ID Act 1947.
Therefore,
it is directed to the petitioner, District Panchayat, Surendranagar
and Executive Engineer, Panchyat (R&B) Surendranagar, to
reinstate the present applicant workman – Mr. Malek Sikandarkhan
Kamubha in service with continuity of service within a period of
15 days from the date of receiving the copy of this order w.e.f.
18/7/2006. Meaning thereby, that original petitioner shall have to
pay regular current wages to the present applicant w.e.f. 18/7/2006
till the date of actual reinstatement within a period of one month
from the date of receiving the copy of this order.
Accordingly,
Civil application is disposed of.
Direct
service is permitted;.
(H.K.RATHOD,
J)
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