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COMA//8708 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 87 of 2008
In
COMPANY
PETITION No. 7 of 2001
=========================================================
HECTOR
H MARTIN - Applicant(s)
Versus
O.L.
OF GUJARAT STEEL TUBES LIMITED - Respondent(s)
=========================================================
Appearance
:
MR
VM DHOTRE for
Applicant(s) : 1,
OFFICIAL LIQUIDATOR for Respondent(s) :
1,
MR.HIREN M MODI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 02/09/2008
ORAL
ORDER
Heard
Mr.V.M.Dhotre, learned Advocate for the applicant and Mr.Hiren Modi,
learned Advocate for OL of the company in liquidation – respondent
No.1.
On
close reading of the claim passed in favour of the applicant-worker,
the applicant be treated as regular worker who was terminated in the
year 1995 and the claim of the applicant-worker should be treated at
par with the workers who were terminated in the years 1995-96.
The
question regarding absence of framing of issue as to whether the
applicant was ordered to be reinstated or not by the Industrial
Court, is not a matter of relevance at all looking to the language of
the award passed by the Industrial Court. Because, the day on which
the award was passed, the Company was not in existence at all and
therefore the Industrial Court did not pass the order of
reinstatement of the applicant observing that there is no need to
pass such order of reinstatement. The Industrial Court has ordered
to pay the entire difference from the date of termination till the
date of closer. The method of calculation of claim cannot be
different than the method adopted for similarly situated workers who
were also in service of the company in liquidation and terminated in
the year 1995 or 1996 and have succeeded similarly like the present
applicant.
The
OL shall send a copy of this order to the Chartered Accountant, and
if, Chartered Accountant is of some other view, in turn will submit a
detail fresh report of assessment to the OL and thereafter the OL
will submit a fresh report as regards to the entitlement of the claim
of the present applicant.
S.O.
to 22nd September, 2008.
(C.K.BUCH,
J.)
sompura
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