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MCA/2078/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2078 of 2010
In
SPECIAL
CIVIL APPLICATION No. 13286 of 2008
=========================================================
VAGHELA
BHIKHABHAI RAVAJIBHAI - Applicant(s)
Versus
R
P DESHMUKH EXECUTIVE ENGINEER - Opponent(s)
=========================================================
Appearance
:
MR
BS BRAHMBHATT for
Applicant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 20/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. It
appears that there is no direction in order dated 4-2-2009 passed
in Special Civil Application No. 13286 of 2008 to comply with the
award, and therefore, the present contempt application cannot be
maintained.
2. However,
learned counsel Mr. Brahmabhatt contended that vide order dated
4-8-2010 passed by Division Bench in Letters Patent Appeal No. 1954
of 2009 with Civil Application No.10650 of 2009 has recorded an
undertaking for compliance of provisions of Section 17-B of the
Industrial Disputes Act, which in the submission of learned counsel
for the applicant has not been complied with and therefore this Court
may initiate action.
3. When
the Division Bench is seized with the proceedings with the Letters
Patent Appeal and the order is not complied with, the applicant can
move the same Bench for further suitable directions. Under the
circumstances, we are not inclined to initiate proceedings under the
Contempt of Court Act, 1971 and hence this applications stands
disposed of accordingly.
(Jayant
Patel, J.)
(Bankim
N. Mehta,J.)
/JVSatwara/
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