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SCA/9090/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9090 of 2008
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YOGESHKUMAR
JAYANTILAL SHAH - Petitioner(s)
Versus
DHIMANT
K. SHAH & 1 - Respondent(s)
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Appearance :
MR
SHALIN N MEHTA for Petitioner(s) : 1,MS VIRAJ S
FOZDAR for Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/07/2008
ORAL
ORDER
1. Mr.
Mehta, learned advocate for the petitioner, has submitted that though
the petitioner had not received any communication from the
respondents to report at Ahmedabad office, the petitioner had, on his
own, in view of the terms and conditions of the appointment, tried to
report to work at Ahmedabad office, however, he was not allowed to
work at Ahmedabad office. He, therefore, submitted that the theory of
abandonment of service is ruled out. He therefore, alternatively,
submitted that even if, the theory of abandonment is accepted, then
also, undisputedly, the provision under Section 25-F of the Act is
not complied.
2. Mr.
Mehta, learned advocate submitted that the petitioner is even today
ready and willing to report for work at Ahmedabad office or even at
Gandhinagar, where he was originally engaged.
3. Hence,
NOTICE returnable on 18.7.2008.
4. Mr.
Mehta, learned advocate further submitted that the respondent has
preferred writ petition being Special Civil Application No.7814 of
2008. Therefore, present petition is to be heard with Special Civil
Application No.7814 of 2008.
(K.M.THAKER,
J.)
ynvyas
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