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SCA/4333/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4333 of
2011
=========================================================
RAMABHAI
VERSIBHAI RABARI - Petitioner(s)
Versus
COMMISSIONER
OF LABOUR & 3 - Respondent(s)
=========================================================
Appearance
:
MR
ND SONGARA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/04/2011
ORAL
ORDER
Heard
learned Advocate Mr. ND Sonagra on behalf of petitioner Ramabhai
Versibhai Rabari.
By
filing this petition, petitioner is praying as per para 12(B) of
petition to direct respondents No. 1 to 3 to take strict
action/steps and/or initiate prosecution against respondent NO.4 for
non-implementation of award dated 11.1.2010 passed by Labour Court,
Kalol in Reference (LCK) NO. 9 of 2000.Further prayer is made to
direct respondent NO.4 to implement award in favour of present
petitioner. Copy of award is placed on record at Annexure A page 10.
Exh. 18 Reference No. 9 of 2000 came to be decided by Labour Court
in absence of respondent – Chief Officer, Kalol Nagarpalika on
11th January, 2010 wherein Labour Court, Kalol has
directed Chief Officer, Kalol Nagarpalika to reinstate workman in
service with continuity of service with full back wages of interim
period. Legal notice has been served by Union dated 27th
April, 2010 addressed to Government Labour Officer, Kalol to
initiate proceedings against Chief Officer, Kalol Nagarpalika under
section 34 read with section 29 of ID Act, 1947. Copy of said
notice is also sent to Assistant Labour Commissioner, Mehsana as
well as Labour Commissioner, State of Gujarat, Gandhinagar. On
basis of aforesaid notice, Government Labour Officer issued notice
to Chief Officer, Kalol Nagarpalika calling him personally in
response to complaint made by Union. Thereafter, on 25.5.2010,
again, letter was addressed by Union to Chief Officer, Kalol
Nagarpalika with a request to implement award in question. Number of
correspondence between respondent has been placed on record but no
effective steps have so far been taken by respondents No.1 to 3.
Respondent No. 4 being public body, being State Authority, even
though, respondent no.4 has not implemented award made by Labour
Court, Kalol in favour of petitioner. Therefore, petitioner has
filed this petition before this Court.
Learned
Advocate Mr. ND Sonagra for petitioner has submitted that aforesaid
award is not challenged by Chief Officer, Kalol Nagarpalika before
Higher Forum and no application has been preferred by Chief
Officer, Kalol Nagarpalika for setting aside ex parte award made by
Labour Court, Kalol. Therefore, according to his submission, no stay
is operating against award made by labour court for which
implementation has been prayed for by petitioner.
In
view of this back ground, considering that respondent NO.4 is a
State Authority, it is directed to respondents NO.2 and 3 to take
immediate and effective steps against respondent NO.4 for breach of
award which amounts to an offence under section 29 of ID Act, 1947
while exercising powers under section 34 of ID Act, 1947and to see
that aforesaid award must have to be implemented by respondent NO.4
otherwise, to file appropriate prosecution against respondent No.4
as early as possible, within two months from date of receiving copy
of present order.
It
is made clear by this Court that this order has been passed by this
Court in absence of respondent No.4 Chief Officer, Kalol
Nagarpalika, therefore, if he is having any grievance or to say
something, then, let necessary application is to be filed by
respondent NO.4 Chief Officer, Kalol Nagarpalika before this Court.
In
view of these observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
DS Permitted.
(H.K.
Rathod,J.)
Vyas
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