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CA/13225/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 13225 of 2009
In
LETTERS
PATENT APPEAL No. 2376 of 2009
In
CIVIL APPLICATION - FOR DIRECTION No. 7424 of 2009
=========================================================
GUJARAT
URJA VIKAS NIGAM LTD. & 1 - Petitioner(s)
Versus
JAGDISHCHANDRA
PUKHRAJ - Respondent(s)
=========================================================
Appearance
:
MR
MD RANA for
Petitioner(s) : 1 - 2.
MR TR MISHRA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 05/02/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the parties.
Since
the learned single Judge has already held that it is an award against
which the proceedings were preferred before him and the appellant was
non-suited and the appeal is against such order of the learned single
Judge, we consider that these are the proceedings against an award in
terms of the dictum of section 17(B) of the Industrial Disputes Act.
Therefore, the appellant cannot succeed in the present application,
because he is under obligation to make good the dictum of section
17(B) of the Industrial Disputes Act, therefore, he should make the
payment in accordance with section 17(B) of the Industrial Disputes
Act. Hence, the civil application is dismissed. Notice discharged.
(BHAGWATI
PRASAD, J)
(BANKIM.N.MEHTA,
J)
shekhar/-
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