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LPA/3030/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 3030 of 2010
In
SPECIAL
CIVIL APPLICATION No. 13822 of 2009
With
CIVIL
APPLICATION No. 16325 of 2010
In
LETTERS PATENT APPEAL No. 3030 of 2010
=========================================================
DIVISIONAL
CONTROLLER - Appellant(s)
Versus
THAKOREBHAI
GIRDHARBHAI PARMAR CONDUCTOR BADGE NO.310 - Respondent(s)
=========================================================
Appearance
:
MS
KIRAN D PANDEY for
Appellant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 24/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
It
prima facie appears that there was callous approach on the part of
the appellant/applicant in not leading proper evidence on the
aspects as to whether the workman was badli
conductor or not. Hence, the said default may attract cost.
Ms.Pandey,
learned Counsel for the appellant/applicant, further states that the
appellant/applicant has no
objection in reinstatement of the respondent workman to his original
position of badli
conductor.
In
view of the above, Notice
returnable on 8.2.2011,
on condition that the appellant/applicant deposits an amount of
Rs.5,000/- towards probable cost. The said amount shall be
deposited before the returnable date.
(Jayant Patel, J.)
(J.
C. Upadhyaya, J.)
vinod
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