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SCA/485/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 485 of 2011
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BHAVNAGAR
MUNICIPAL CORPORATION - Petitioner
Versus
JIGNESH
PRATAPRAI DAVE - Respondent
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Appearance :
MR
HS MUNSHAW for Petitioner:
MR RAJESH P MANKAD for
Respondent:
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 08/02/2011
ORAL
ORDER
Affidavit
in reply filed is taken on record. Heard learned advocates for the
parties. Looking to the submission made on behalf of the petitioner,
especially on the aspect of belated raising of dispute, the matter
deserves consideration. Hence RULE. Rule is waived by Shri. Mankad,
learned advocate for the respondent. By way of interim relief the
award impugned shall remain stayed on condition of complying with
Section 17-B of I.D. Act.
At
this stage Shri Mankad submits that in fact the petitioner
Corporation has offered employment by accepting the award without
challenging it and in one matter where the challenge is not made and
instead they have chosen to offer reinstatement to the workman
without prejudice to their right in pursuance to the direction of
this Court to avoid section 17-B wages. In this case also same
direction be issued.
In
view of this request, it is open to the Corporation to offer
employment/reinstatement to the workman on a condition that the
workman shall be paid the current wages which would save the
Corporation from idle wages under section 17-B of I.D. Act. However,
if that option is not exercised, then wages under section 17-B of
I.D. Act be paid to the workman from the date of filing of the
petition.
[
S.R. BRAHMBHATT, J ]
/vgn
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