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SCA/13042/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13042 of 2008
=========================================================
BINAYKIA
SYNTHETICS LTD - Petitioner
Versus
NAVINBHAI
ISHWERBHAI MISTRY - Respondent
=========================================================
Appearance :
MR
PF ADHVARYU for Petitioner : 1,
MR MS MANSURI
for Respondent :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 22/10/2008
ORAL
ORDER
Notice
pending admission returnable on 18.11.2008. Mr. Mansuri, learned
advocate waives service of notice on behalf of respondent.
Mr.
Mehta with Mr. Mansuri states that right from the inception the
petitioner had no objection if the respondent is joining duties. Only
an attempt was made to obtain undertaking for not repeating again of
remaining absent without permission. He also submits that today also,
if the workman is ready and willing to join the duty, he is welcome.
Mr.
Mansuri, learned counsel appearing for the respondent disputed this
and submitted that had that been so, then, the workman now have been
reinstated as there was no stay even during pendency of the appeal
also. Shri Mansuri also submits that no coercive steps will be taken
for implementation of the award so far back wages is concerned.
Be
that as it may. Suffice it to say that in the interregnum period if
the workman is ready and willing to join the duties, affidavit to
that effect be made on the returnable date.
(S.R.BRAHMBHATT,
J.)
pallav
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