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SCA/8566/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8566 of 2011
=========================================================
IMTIYAZ
AHEMAD SHAIKH - Petitioner(s)
Versus
EMPLOYEES
PROVIDENT FUND ORGANIZATION THROUGH & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KASHYAP R JOSHI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/07/2011
ORAL
ORDER
Heard
learned advocate Mr. Joshi appearing on behalf of petitioner.
In
respect of grievance raised in present petition, let petitioner may
approach respondents in respect of claim of provident fund amount as
well as pensionary benefits which are available to petitioner on
basis of fact that dismissal order has been set aside by Labour Court
and thereafter, continuity of service has been granted by this Court
in Special Civil Application No.6033 of 2005 dated 31st
August, 2005. Therefore, when continuity of service has been granted
then, petitioner was deemed to be in service during interim period
though for interim period, no back wages has been paid to petitioner
by Labour Court and confirmed by this Court.
Therefore,
let petitioner may approached respondents by way of detailed
representation within a period of one month from date of receiving
copy of present order.
As
and when respondents received such representation from petitioner, it
is directed to both respondents to consider it while considering fact
that dismissal order passed against petitioner has been set aside by
Labour Court and initially, Labour Court has granted fresh
engagement/ reinstatement in post and subsequently, this Court has
granted continuity of service but not granted back wages of interim
period, so meaning of granting continuity of service, petitioner is
deemed to be in service for all purposes. That aspect is to be
considered by respondents while considering representation of
petitioner and then to pass appropriate reasoned order in accordance
with law within a period of three months from date of receiving such
representation from petitioner and communicate decision to petitioner
immediately.
In
view of above observation and direction, present petition is disposed
of by this Court without expressing any opinion on merits.
However,
it is made clear by this Court that if ultimate decision is adverse
to petitioner, it is open for petitioner to file appropriate
proceedings before appropriate forum in accordance with law.
Direct
service is permitted.
[H.K.
RATHOD, J.]
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