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SCA/14742/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14742 of 2011
=========================================================
BHARATBHAI
K VAGHELA - Petitioner(s)
Versus
MUNICIPAL
COMMISSIONER - Respondent(s)
=========================================================
Appearance
:
MR
ARVIND K THAKUR for
Petitioner(s) : 1,
Mr.JAIRAJ CHAUHAN FOR Mr.B.Y. MANKAD for the
respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 20/10/2011
ORAL
ORDER
Learned
advocate Mr.Jairaj Chauhan states that Mr.B.Y. Mankad has
instructions to appear for the respondent. Mr.Mankad has filed leave
note. Heard Mr.Jairaj Chauhan for the petitioner.
Pursuant
to order dated 14th October 2011, Deputy Municipal
Commissioner, Gandhinagar, Mr.N.S. Jadhav, is present in the Court.
Attention of the officer is drawn to his reply dated 15th
July 2011. The officer present states that he will look into the
matter more closely and will reply to the representation of the
petitioner afresh. This is required to be done because the text of
the communication dated 15th July 2011 gives an impression
that the provisions of the Minimum Wages Act and the Gujarat Minimum
Wages Rules, 1961 became applicable to 80 Part-Time Safai Kamdars of
Gandhinagar Notified Area (at present Gandhinagar Municipal
Corporation) for the first time when Urban Development & Urban
Housing Department passed Resolution No.EST/ 132008/ CFA-72/ R dated
20.08.2008. Prima facie, this Court is of the opinion that the reply
does not deal with the question involved in the matter as required
under the law. On pointing out this fact the officer volunteers that
he will give the reply afresh to the representation of the
petitioner. Presence of the officer is dispensed with for the
present.
2. In
absence of the Government, it may not be possible to get the dispute
involved in the matter adjudicated. At this juncture, the learned
advocate for the petitioner seeks permission to implead the State
Government as a party to be served through Finance Department; and
Urban Development & Urban Housing Department. Amendment be
carried out during the course of the day.
3. NOTICE
to the newly added respondents returnable on 15th November
2011. Direct service is permitted.
(RAVI
R. TRIPATHI, J.)
karim
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