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CA/8013/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 8013 of 2010
In
SPECIAL
CIVIL APPLICATION No. 2204 of 2009
=========================================
GADHVI
DUNGARDAS JIVABHAI - Petitioner(s)
Versus
M/S
REFLON RESINS & CHEMICAL LTD - Respondent(s)
=========================================
Appearance
:
MRPC
CHAUDHARI for
Petitioner(s) : 1,
MS MEENU KUMAR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/09/2010
ORAL
ORDER
1. Rule.
Ms. Meenu Kumar, learned
advocate waives service of notice of Rule on behalf of the respondent
original petitioner.
In
the facts and circumstances of the case and with the consent of
learned advocates appearing on behalf of respective parties, present
application is taken up for final hearing today.
2. Present
application has been preferred by the applicant original
respondent for an appropriate interim order directing the respondent
original petitioner to pay the current wages to the applicant
admissible to the post of Machine Operator.
3. Shri
P.C. Chaudhary, learned advocate appearing on behalf of the applicant
has submitted that as such applicant is entitled to the wages in the
basic pay of Rs.6575/- and instead applicant has been paid the wages
of Rs.4290/- only and that too without other benefits.
4. An
affidavit-in-reply is filed on behalf respondent disputing the claim
of the applicant to get the wages in the basic pay of Rs.6575/- and
all other benefits. It is stated at the Bar under the instruction
from the concerned Officer of the respondent that applicant shall be
paid the wages in the basic pay of Rs.4290/- with all other benefits
from the date of reinstatement i.e. March 2010.
5. Having
heard learned advocates appearing on behalf of respective parties and
considering the aforesaid dispute with respect to entitlement, let
the applicant be paid the wages at the basic pay of Rs.4290/- plus
all other benefits inclusive of HRA, conveyance allowance etc. from
March 2010, without prejudice to the rights and contentions of the
respective parties and the actual entitlement, if any, shall be
considered at the time of the final disposal of the present petition.
The aforesaid difference shall be paid within a period of two weeks
from today and hereinafter applicant shall be paid the wages in the
basic pay of Rs.4290/- plus all other benefits regularly and as and
when due and payable. Rule is made absolute to the aforesaid extent
only. No costs.
(M.R.
Shah, J.)
*menon
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