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SCA/15859/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15859 of 2010
=========================================================
DEESA
MUNICIPALITY - Petitioner(s)
Versus
PARSHOTTAMBHAI
FAKIRBHAI GHATAD - Respondent(s)
=========================================================
Appearance :
MR
MEHUL H RATHOD for
Petitioner(s) : 1,
RULE SERVED BY DS for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/08/2011
ORAL
ORDER
1. Notice
was issued on 27/12/200 returnable on 17/01/2011. Though notice was
served, respondent – workman did not choose to appear before
the Court. On 01/04/2011 the Court issued Rule and granted
interim-relief in terms of paragraph No.10(B) subject to compliance
of Section 17 B of the Industrial Disputes Act, 1947 from the date of
award.
1.1 The
Court issued fresh Notice of Rule on 05/05/2011 as well as Notice as
to interim relief returnable on 18/07/2011. On 18/07/2011 learned
Advocate for the petitioner – Deesa Municipality stated that
the fresh Notice of Rule is served to respondent. Despite that
service, nobody appears and therefore the learned Advocate for the
petitioner was asked to produce admitted signature of the respondent
– workman so as to prima-facie be satisfied that fresh Notice
of Rule is served to respondent – workman.
2. Today,
learned Advocate for the petitioner produced number of documents
wherein the signature of the respondent – workman is admittedly
made.
3. In
view of the fact that though fresh Notice of Rule is served to
respondent – workman and nobody appears on his behalf,
ad-interim-relief granted earlier shall continue to operate till the
final disposal of the matter.
(RAVI
R TRIPATHI, J.)
sompura
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