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LPA/317/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 317 of 2008
In
SPECIAL
CIVIL APPLICATION No. 8146 of 2000
With
CIVIL
APPLICATION No. 4091 of 2008
In
LETTERS
PATENT APPEAL No. 317 of 2008
===============================================
GUJARAT
INSECTICIDES LTD.
Versus
MITHABHAI
CHHITUBHAI MAKWANA.
===============================================
Appearance :
Mr. K.
B. TRIVEDI, SR. ADVOCATE WITH MR ABHISHEK MEHTA for M/S
TRIVEDI & GUPTA for the Appellant.
Mr. P. H. PATHAK for the
Respondent.
===============================================
CORAM
:
HONOURABLE
MR. JUSTICE A. L. DAVE
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 14/07/2008
ORAL
ORDER
A
preliminary objection regarding maintainability of the appeal is
raised by Mr. Pathak. Deciding that issue would call for examining
certain factual aspects and, therefore, keeping that issue open, the
appeal is admitted.
ORDER
ON CIVIL APPLICATION NO.4091 OF 2008
Rule. Learned Advocate,
Mr. Pathak, waives service of notice of Rule on behalf of the
opponent.
Heard
learned Senior Advocate, Mr. Trivedi, appearing with Mr. Abhishek
Mehta for M/s Trivedi & Gupta, Advocates for the applicant. It
is not in dispute that the opponent has been getting the benefit of
wages, as contemplated under Section 17-B of the Industrial Disputes
Act, during the pendency of the petition. Learned Senior Advocate,
Mr. Trivedi, states at the Bar that the applicant-appellant will
continue to extend the benefit to the opponent during the pendency of
the appeal. In that view of the matter, interim relief in terms of
paragraph 14(a) is granted. In addition, the order of the Labour
Court, Bharuch, dated 11th January, 2000 in Reference
(LCB) No.198 of 1990 shall stand stayed, though not specifically
prayed for in the Civil Application, as non-grant of this relief may
initiate one more round of litigation. Rule is made absolute,
accordingly, with no order as to costs.
[
A. L. DAVE, J. ]
[
SMT. ABHILASHA KUMARI , J. ]
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