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SCA/9481/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9481 of
2011
=========================================================
STATE
OF GUJARAT & 1 - Petitioner(s)
Versus
PRAVINSINH
JITUBHA SARVAIYA - Respondent(s)
=========================================================
Appearance
:
MR
NIRAJ SONI, ASST. GOVERNMENT PLEADER
for
Petitioner(s) : 1 - 2.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 05/08/2011
ORAL
ORDER
1. Heard
learned AGP, Mr. Soni, for the petitioner No.1-State of Gujarat
through Executive Engineer, Road and Building Department, Panvadi,
Bhavnagar and petitioner No.2-Deputy Executive Engineer, Building and
Communication, Sub-Division(City), Panvadi, Bhavanagar, who have
challenged award and order dated 09.02.2009, passed by the learned
Judge, Labour Court, Bhavnagar, in Reference(L.C.B.) No.433/1994.
2. Learned
AGP submitted that, even as per the say of the respondent-workman, he
joined services on 06.02.1981, his services were terminated on
02.10.1982 and the reference was filed in the year 1994 and despite
this the learned Judge has not only ordered the reinstatement to the
respondent-workman on his original post with continuity of service
and with all consequential benefits but also awarded 10 per cent
back-wages. He, therefore, submitted that this would amount to
giving premium for the delay caused by the workman, for about 12
years, as the services were terminated in the year 1982, whereas the
reference was filed only in the year 1994.
3. The
matter requires consideration.
RULE.
4. Ad-interim-relief
in terms of PARA-10-C.
NOTICE
as to INTERIM RELIEF, returnable on 23RD
AUGUST, 2011.
(RAVI
R.TRIPATHI,J.)
Umesh/
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