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SCA/14502/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14502 of 2010
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STATE
OF GUJARAT & 1 - Petitioners
Versus
DASHRATHJI
SOMAJI THAKOR - Respondent
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Appearance :
MS. MOXA
THAKKAR, LD. AGP for Petitioners : 1 - 2.
MR
MP PRAJAPATI for
Respondent:
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 11/01/2011
ORAL
ORDER
Heard
learned AGP for the petitioner. RULE. Shri Rajesh Mankad waives
service of notice of rule for respondent.
So
far as the interim relief is concerned, it is required to be noted
that direction with regard to continuity of service and back wages
are required to be stayed. So far as reinstatement of workman is
concerned, I am of the considered view that, let there be an
opportunity to the petitioner to offer employment as if the workman
is a fresh recruit daily wager, and if such work is offered, the
offering of work and engaging workman would not create any right &
equity upon the workman and would save idle payment under section
17-B of I.D. Act. In case if the petitioner has no work to offer,
then reinstatement is not to be insisted upon by the workman, as he
would be entitled to receive wages in accordance with law, under
section 17-B of I.D. Act.
/vgn
[ S.R.
BRAHMBHATT, J ]
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