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CA/9325/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 9325 of 2008
In
SPECIAL
CIVIL APPLICATION No. 8781 of 2004
=========================================================
ASSOCIATION
OF TRADE UNIONS - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
TR MISHRA for
Petitioner(s) : 1,
GMR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS.
SANGEETA VISHEN for Respondent(s) : 1 - 2.
MR JB PARDIWALA for
Respondent(s) : 3,
None for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 20/10/2008
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
1. Heard
learned counsel appearing for the parties.
2. The
applicant has preferred this application seeking a direction to the
respondents to confer the benefits of National Judicial Commission
(Shetty Pay Commission) in respect of Judges working in Labour Courts
and to give its consequential monetary benefits.
3. In
Civil Application No.9325 of 2008 in SCA No.8781 of 2004, this Court
vide order dated 9.9.2008 directed the respondents to revise the pay
scales of the Judges of the Labour Courts and Industrial Tribunals
with effect from 1.11.1999. Learned Advocate General has produced on
record Resolution dated 18.10.2008 issued by Legal Department,
Government of Gujarat in compliance of the direction given by this
Court which states that benefit has been given to the judicial
officers of the Industrial Tribunals and Labour Courts from
1.11.1999.
4. Learned
counsel appearing for the applicants submits that the applicant is
entitled to the benefit from 1.1.1996.
5. We
may make it clear that if the applicants are entitled to the benefits
from 1.1.1996, they may make appropriate representation to the State
Government seeking benefits from 1.1.1996 and it is for the State
Government to consider and decide the same after taking into
consideration Shetty Pay Commission report.
6. With
the above observation, the application is disposed of.
(K.S.
Radhakrishnan, C.J.)
(Akil
Kureshi, J.)
…
(karan)
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