Gujarat High Court
Civil vs Valjibhai on 15 October, 2008
Bench: S.R.Brahmbhatt
SCA/4395/2008 1/ 1 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4395 of 2008 ========================================================= CIVIL HOSPITAL - Petitioner Versus VALJIBHAI MOTIBHAI PARMAR - Respondent ========================================================= Appearance : MR. KRUNAL PANDYA AGP for Petitioner: 1, NOTICE SERVED for Respondent : 1, MS SHACHI G MATHUR for Respondent : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 15/10/2008 ORAL ORDER
Rule.
Ms. Shachi Mathur, learned advocate waives service of Rule on behalf
of respondent. The impugned Award is stayed subject to due compliance
with Section 17-B of the I.D. Act.
Learned
AGP requests that liberty be granted to the petitioner to reinstate
the workman without prejudice to rights and contentions. In fact,
there shall not be any liberty required as it is always open to the
employer or rather it is welcome move to engage or reinstate the
employee/workman rather than paying idle wages. Hence, it goes
without saying that if the respondent workman is employed and
reinstated during the pendency of the petition, the same shall be
without prejudice to the rights and contention raised in the
petition.
(S.R.BRAHMBHATT,
J.)
pallav