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SCA/13137/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13137 of 2009
=========================================================
BHAVNAGAR
MUNICIPAL CORPORATION - Petitioner(s)
Versus
LAXMANBHAI
PANCHABHAI MER C/O YOGESHBHAI JOSHI ADVOCATE - Respondent(s)
=========================================================
Appearance
:
MR
RM CHHAYA for
Petitioner(s) : 1,
MR RAJESH P MANKAD for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/03/2010
ORAL
ORDER
Heard
learned Advocate Mr. RM Chhaya for petitioner and learned Advocate
Mr. Rajesh P. Mankad for respondent.
Considering
their submissions, question involved in this petition would require
detailed examination. Hence, Rule. Learned Advocate Mr.Mankad waives
service of notice of rule on behalf of respondent.
Considering
submissions made by both learned Advocates, interim relief is
granted as prayed for in para 9(C) of petition on condition that
petitioner Bhavnagar Municipal Corporation shall have to
implement provisions of section 17B of Industrial Disputes Act, 1947
in favour of respondent workman with effect from date of award
because workman has filed affidavit of unemployment which is on
record and copy thereof has been supplied to learned Advocate Mr.
Chhaya for petitioner, therefore, it is directed to petitioner to
pay last drawn wages to respondent workman from date of award till
special civil application is finally decided by this court. In case,
if require need of present respondent workman, then, it is open for
petitioner to reinstate present respondent workman in service
without prejudice to rights and contentions.
(H.K.
Rathod,J.)
Vyas
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