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MCA/137220/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1372 of 2008
In
SPECIAL
CIVIL APPLICATION No. 10700 of 2001
=========================================================
MAHESHKUMAR
CHANDULAL ACHARYA - Applicant(s)
Versus
A.K.PATEL
EXECUTIVE ENGINEER - Opponent(s)
=========================================================
Appearance
:
MS
MAMTA R VYAS for
Applicant(s) : 1,
MR HS MUNSHAW for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 08/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE DN PATEL)
The
Present application has been preferred for initiating action under
the Contempt of Courts Act, 1971 for the alleged breach of an order
passed by this Court dated 12th September, 2007 in
Special Civil Application No.10700 of 2001.
We
have heard the counsel appearing on behalf of the applicant as well
as the counsel appearing for the respondent.
Having
heard the counsel appearing for the respective parties and looking
to the facts and circumstances, it appears that:
(i)
The present applicant had filed a Reference (LCK)No.279 of 1987
which was allowed by the trial court and an order of reinstatement
with back wages was passed therein on 19th of August,
2000.
(ii)
Against the said order, the respondent-District Panchayat preferred
Special Civil Application No.10700 of 2001 which was partly allowed
by this Court vide order dated 12th September, 2007 and
so far as the order of reinstatement was concerned, it was
confirmed, but so far as the back wages was concerned, it was made
limited upto 40%.
(iii)
Against the said order in Special Civil Application No.10700 of
2001, a Letters Patent Appeal No.635 of 2008 along with stay
application being Civil Application No.8210 of 2008 was preferred by
the respondent, District Panchayat.
(iv)
Letters Patent Appeal has been admitted by the order dated 7th
August, 2008 and in Civil Application, stay has been granted against
the award passed by the Labour Court at Kalol as well as against the
order passed by the learned Single Judge of this Court dated 12th
September, 2007 in Special Civil Application No.10700 of 2001, after
hearing the counsel appearing for the applicant by the LPA bench.
In
view of this order passed in Letters Patent Appeal as well as in
Civil Application, there is no wilful disobedience of the order
passed by this Court dated 12th September, 2007 in
Special Civil Application No.10700 of 2001 by the respondent. The
impugned order passed by the Labour Court as well as by the learned
Single Judge of this Court has already been stated in Letters Patent
Appeal. In view of these facts, there is no substance in this
application and hence, it is required to be dismissed and is
accordingly dismissed. Notice is discharged.
[R.P.DHOLAKIA,J]
[D.N.PATEL,J.]
radhan/
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