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SCA/15895/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15895 of 2010
=========================================================
AHMEDABAD
MUNICIPAL CORPORATION - Petitioner(s)
Versus
NARANBHAI
RATABHAI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DEEP D VYAS for
Petitioner(s) : 1,
MR ARVIND K THAKUR for Respondent(s) : 1,
None
for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/04/2011
ORAL
ORDER
Heard
learned Advocate Mr. Deep D. Vyas for petitioner and learned
Advocate Mr. Arvind K. Thakur for respondent NO.1. Petitioner
Ahmedabad Municipal Corporation has challenged award passed by
Labour Court, Ahmedabad in Reference (LCA) No. 1494 of 2003 Exh. 69
dated 10th May, 2010. Labour Court has partly allowed
reference filed by workman and granted reinstatement with continuity
of service with 25% back wages of interim period with consequential
benefits.
I
have considered submissions made by both learned Advocates. I have
also kept in mind one fact that respondent workman was working as
Safai Kamdar for more than 20 years as per statement of claim filed
by workman, therefore, learned advocate Mr. Vyas is raising serious
objection against granting of 25% back wages of interim period.
However, considering fact, question raised and involved in this
petition would require detailed examination. Hence, Rule. Ad interim
relief in terms of paragraph 31(b) qua back wages only and there is
no stay granted by this Court against reinstatement. Therefore,
petitioner Corporation must have to reinstate respondent workman in
service in original post with continuity from date of award within
period of one month from date of receiving copy of present order.
Mr.
Arvind Thakur, learned Advocate for respondent waives service of
notice of rule on behalf of respondent workman.
(H.K.
Rathod,J.)
Vyas
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