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CA/2876/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 2876 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4619 of 2007
=========================================================
VISHWANATH
KANTILAL SHRIMALI - Petitioner(s)
Versus
SERVICES
AUTO - Respondent(s)
=========================================================
Appearance
:
MR
ND SONGARA for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 26/04/2010
ORAL
ORDER
Present
application is filed by original respondent with a prayer to vacate
interim-relief, granted by this Court in Special Civil Application
No.4619 of 2007 on 10.04.2008.
Learned
Labour Court in Reference (LCA) No.738 of 1997 on 06.06.2006,
granted reinstatement with continuity of service with 25% of
backwages for the interim period. This Court has admitted the
matter, Rule has been accordingly issued and ad-interim relief in
terms Para-7(B) was granted, subject to compliance of Section 17-B
of Industrial Disputes Act, 1947.
Learned
advocate Ms.Niyati Shah, appearing on behalf of respondent-original
petitioner submitted that earlier payment as required under Section
17-B of Industrial Disputes Act,1947 has been made to
respondent-workman, which comes to round about Rs.37,000/-. Learned
advocate Ms.Shah submitted that original petitioner is prepared to
pay last drawn wages to the applicant, with effect from 01.08.2009
to 30.04.2010, which comes to Rs.10,800/-. For that, cheque of
amount of Rs.10,800/- in the name of applicant is handed over to
learned advocate Mr.N.D.Songara, who is accepting the cheque on
behalf of applicant.
Therefore,
requirement under Section 17-B of the Industrial Disputes Act, 1947
has been complied by the petitioner. Therefore, prayer made in this
application is not required to be granted. Therefore, present
application is disposed of.
However,
it is directed to petitioner to pay last drawn wages regularly to
applicant till Special Civil Application is finally decided by this
Court.
(H.K.RATHOD,
J.)
..mitesh..
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