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LPA/216/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 216 of 2011
In
SPECIAL
CIVIL APPLICATION No. 16046 of 2010
With
CIVIL
APPLICATION No. 1269 of 2011
In
LETTERS
PATENT APPEAL No. 216 of 2011
=========================================================
KANTILAL
PREMJIBHAI RATHOD
Versus
GUJARAT
STATE MACHINE TOOLS CORPORATION LTD THROUGH CHAIRMAN AND OTHERS
=========================================================
Appearance
:
MR
UT MISHRA for MR TR MISHRA
for
the Appellant
MR NJ SHAH, AGP for Respondent No.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 23/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr. U.T. Mishra, holding the brief of Mr. T.R.
Mishra,learned counsel for the appellant.
2. This
appeal has been filed challenging order of the learned Single Judge
dated 20.12.2010. The Labour Court has passed an award in favour of
the appellant and has directed reinstatement with 25% back wages. A
further finding was recorded by the Labour Court that the
establishment, where the appellant was working, is closed since 1998.
3. The
appellant filed Special Civil Application No.16046 of 2010 and prayed
that the respondent authorities be directed to implement the award.
The learned Single Judge has rejected the Special Civil Application
on the ground that the appellant/ petitioner has adequate alternative
remedy under Section 33(C)(2) of the Industrial Disputes Act, 1947.
4. Two
decisions relied upon by the learned counsel for the appellant have
been distinguished.
5. We
are in agreement with the view taken by the learned Single Judge that
the petitioner should approach the Labour Court under Section
33(C)(2) of the Industrial Disputes Act. We do not find any merit in
this appeal. The appeal is, accordingly dismissed.
ORDER
IN CIVIL APPLICATION:
In
view of the order passed in the main Appeal, no order is passed on
this Civil Application. Civil Application stands disposed of.
(V.M.
SAHAI, J.)
(G.B.
SHAH, J.)
omkar
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