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CA/599/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 599 of 2010
In
SPECIAL
CIVIL APPLICATION No. 15599 of 2008
With
Other
Cognate
Matters
=========================================================
BARODA
RAYON EMPLOYEES EKTA UNION - Petitioner(s)
Versus
BARODA
RAYON CORPORATION LTD & 7 - Respondent(s)
=========================================================
Appearance
:
MR
DIPAK R DAVE for
Petitioner(s) : 1,
MR NAYAK for M/S TRIVEDI & GUPTA for
Respondent(s) : 1,
MR AL SHARMA, AGP for Respondent(s) : 2 - 3.
MR
NIRAL R MEHTA for Respondent(s) : 4,
None for Respondent(s) : 5,7
- 8.
SINGHI & CO for Respondent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 04/03/2010
ORAL
ORDER
Heard
learned advocate Mr. Nayak for M/s. Trivedi and Gupta appearing on
behalf of Baroda Rayon Corporation Limited – Company, learned Senior
advocate Mr. R.R. Marshal with learned advocate Mr. Savan Pandya
appearing on behalf of Gayatri Trading Corporation Limited
Purchaser, learned senior advocate Mr. Kavina with learned advocate
Mr. Singhi appearing on behalf of Yash Bank Secured Creditor,
learned advocate Mr. Mayur Pandya with learned advocate Mr. Dipak
Dave appearing on behalf of Union, learned advocate Mr. Dipak Raval
appearing on behalf of Employees concerned and learned advocate Mr.
A.K. Clerk appearing on behalf of Workmen.
According
to learned advocate Mr. Dipak Dave, total amount as per their
calculation being a dues of workmen would come to more than Rs.300
crores, which covers the dues of clients represented by learned
advocate Mr. Dipak Raval and learned advocate Mr. Clerk.
This
figure of dues amount of more than Rs.300 crores is not accepted by
Baroda Rayon Corporation Limited Company.
Therefore,
it is directed to Baroda Rayon Corporation Limited Opponent No.1
Company to calculate the due amount of each employee including those
who have retired, died and existing employees till the date on which
they become entitled, meaning thereby that total dues of each workman
must have to be calculated according to law by Baroda Rayon
Corporation Limited Opponent No.1 Company and to be placed by
affidavit on record before this Court on 9 th
March 2010.
For
calculating due amount by Baroda Rayon Corporation Limited, if any
help or material is required from Union, that will have to be
supplied by learned advocate Mr. Dipak Dave to Company.
Learned
advocate Mr. Nayak made a clear statement before this Court on behalf
of Company that there is no objection on behalf of Company for
selling entire properties mentioned in Affidavit-in-Reply dated 18th
February 2010 belongs to Baroda Rayon Corporation Limited
Opponent No.1 Company.
Accordingly,
matter is adjourned to 9 th
March 2010.
[H.K.
RATHOD, J.]
#Dave
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