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SCA/6818/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6818 of 2009
=========================================================
DIVISIONAL
CONTROLLER - Petitioner(s)
Versus
NITESHKUMAR
NAGINBHAI BRAHMBHATT - Respondent(s)
=========================================================
Appearance
:
MS
SEJAL K MANDAVIA for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1,
MR KISHOR
M PAUL for Respondent(s) : 1,
MR RAJIV K DESAI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/04/2010
ORAL
ORDER
Order
was passed by this Court on 30.03.2010, which is quoted as under:-
Heard
learned advocate Ms. Sejal K. Mandavia appearing on behalf of
petitioner and learned advocate Mr. K.M. Paul appearing on behalf of
respondent.
Considering
the submissions made by both learned advocates, question involved and
raised in present petition requires detailed examination, hence,
RULE.
Interim
relief in terms of Para 9(B) on condition that petitioner shall have
to comply the provisions of Section 17B of the Industrial Disputes
Act, 1947 from date of rejecting Approval Application i.e. 14th
August 2008 subject to filing an affidavit of unemployment by
workman.
Notice
to interim relief returnable on 29th
April 2010.
Learned
advocate Mr. K.M. Paul waives service of notice of rule on behalf of
respondent and also waives service of notice in respect of interim
relief.
Learned
advocate Mr.K.M.Paul appearing on behalf of respondent submitted
that approval application has been rejected on 14.08.2008.
Therefore, petitioner was to be reinstated in service either from
June, 2009 or July, 2009. After reinstatement, it was condition
incorporated to pay last drawn wages. He has further submitted that
last drawn wages is not paid, as per award, with effect from
14.08.2008 to the date of reinstatement.
In
light of this background, if workman was reinstated in June, 2009 or
July, 2009, then the petitioner corporation shall pay him regular
current wages after such reinstatement and accordingly, the
petitioner-corporation is required to pay the wages before that
period, subject to filing of affidavit under Section 17-B of the
Industrial Disputes Act,1947 by the respondent.
It
is directed to petitioner to pay last drawn wages from date of award
i.e.14.08.2008 from the actual reinstatement to the respondent
within a period of 1(One) month from the date of receiving a copy of
this order. Affidavit is required to be filed within a period of 15
days from the date of receiving a copy of this order.
Ad-interim
relief granted by this Court is confirmed till Special Civil
Application is finally disposed by this Court.
(H.K.RATHOD,
J.)
..mitesh..
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