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SCA/331/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 331 of 2011
=========================================================
BOTAD
MUNICIPALITY - Petitioner(s)
Versus
PITABHAI
AMRABHAI CHAUHAN C/O VASANT PAMNANI - ADVOCATE - Respondent(s)
=========================================================
Appearance
:
MR
PREMAL R JOSHI for
Petitioner(s) : 1,
MR TR MISHRA for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/03/2011
ORAL
ORDER
Heard
learned Advocate Mr. Premal R. Joshi for petitioner and learned
Advocate Mr.TR Mishra for respondent.
In
this petition, petitioner Botad Municipality has challenged award
made by Labour Court, Bhavnagar in Reference No. 100 of 1995 Exh. 44
dated 3.11.2010 wherein Labour Court, Bhavnagar has granted relief
of reinstatement with continuity of service and with 20 per cent
back wages for interim period with all consequential benefits. Date
of termination, according to workman, is 13th July, 1994
and dispute has been raised and referred to for adjudication on
13.2.1995. Learned Advocate Mr. TR Mishra appearing for respondent
workman has submitted that date of birth of workman as given by
workman is 5th April, 1945 and looking to it, workman has
reached age of superannuation in year 2005, therefore, now, question
of reinstatement of workman as per award does not arise. However,
considering contentions raised by both learned advocates and after
perusing award in question, matter would require detailed
examination. Hence, Rule. Ad-interim relief in terms of para 9(C).
Notice as to interim relief returnable on 19th April,
2011.
Learned
Advocate Mr. Mishra appearing for respondent workman waives service
of notice on behalf of respondent workman.
(H.K.
Rathod,J.)
Vyas
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