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CA/16335/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 16335 of 2010
In
LETTERS
PATENT APPEAL No. 1205 of 2010
In
SPECIAL
CIVIL APPLICATION No. 6900 of 2009
=========================================
ASHOKBHAI
DAYARAM BHERVANI
Versus
GUJARAT
STATE ROAD TRANSPORT CORPORATION
=========================================Appearance
:
MR PRIYANK
P JHAVERI for
the Applicant
MR ASHISH M DAGLI for the
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 24/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have
heard learned counsel Mr. Priyank P. Jhaveri for the
applicant-respondent and Mr. Ashish M. Dagli for the
respondent-appellant.
2. By order
dated 22.7.2010, a Division Bench of this Court has stayed order of
the learned Single Judge dated 10.3.2010 passed in Special Civil
Application No.6900 of 2009 as well as award of the Labour Court,
Valsad dated 27.2.2009 passed in Reference (LCV) No.452 of 2004.
3. In para
6 of this civil application, the applicant workman has stated that he
is unemployed from the date of termination. He tried to get a job but
did not get a job till date. He is only earning member in the family.
He is unemployed and it has become very difficult for him to maintain
his family. Assertions made in the application are uncontroverted.
4. In our
opinion, a direction is liable to be issued to the respondent to
comply Section 17-B of the Industrial Disputes Act, 1947 and
reinstate the applicant-respondent in service and pay him his last
drawn wages. Ordered accordingly.
5. This
order shall be complied by the respondent within one month from
today.
6. With the
aforesaid directions, this Civil Application is disposed of.
(V.M.
SAHAI, J.)
(G.B.
SHAH, J.)
omkar
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