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SCA/5697/2004 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5697 of 2004
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DIVISIONAL
CONTROLLER - Petitioner(s)
Versus
BHADUBHAI
ODHAVJIBHAI CHHANTBAR - Respondent(s)
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Appearance :
MS
MONALI H BHATT for Petitioner(s) : 1,
MR GK RATHOD for
Respondent(s) : 1,
MR MUKESH H RATHOD for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 28/02/2011
ORAL ORDER
In
this petition, the first authority had imposed penalty of scaling
down the respondent workman in the pay scale and placing him at the
basic level of the pay scale for 5 years. The appellate –
reviewing authority, after reviewing the order, enhanced the penalty
and imposed the penalty of dismissal. The Labour Court has by the
impugned award set aside the penalty of dismissal, however, any order
with regard to penalty has not been passed. The corporation has
challenged the award setting aside the penalty of dismissal.
Since
the learned advocates for the contesting parties have submitted that
the respondent has already retired, with a view to enabling the
parties to take instructions as regards the payment of retiral
benefits i.e. whether upon retirement the workman has already been
paid the retiral dues or not, the hearing is adjourned to 4.3.2011.
Post
the matter in First Board within first 5 matters.
[K.M.Thaker,
J.]
kdc
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