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LPA/3084/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 3084 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11316 of 2009
=========================================================
GUJARAT
AMBUJA COTSPIN - Appellant(s)
Versus
MAKWANA
KULDIPBHAI DEVAJIBHAI - Respondent(s)
=========================================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Appellant(s) : 1,
MR MINESH C DAVE for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 25/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present appeal arises against the order dated 9.7.2010 passed by
learned single Judge of this Court in Special Civil Application
No.2420 of 2009 whereby the interim stay has been granted against
the backwages, but has not been granted against the reinstatement
with continuity in service.
We
have heard Mr.Upadhyaya, learned counsel for the appellant and
Mr.Dave for the respondent.
As
such, it is an interim order passed by the learned single Judge and
we find that in view of the reasons recorded by the learned single
Judge at paragraphs 6 and 7 read with the reasonings recorded by the
Industrial Tribunal in the appeal, it cannot be said that the
discretion exercised by learned single Judge is perverse or
erroneous, which may call for interference in the present appeal.
However, learned counsel appearing for the appellant lastly
contended that let the reinstatement be clarified without prejudice
to the rights and contentions of the original petitioner –
appellant herein in the main Special Civil Application and subject
to final order in the main Special Civil Application.
We
find that such clarification would hardly be required to be made
since interim orders are always without prejudice to the rights and
contentions of the parties to be agitated at the final disposal of
the petition. Hence, the appeal is meritless and, therefore,
dismissed.
(JAYANT PATEL,
J.)
(J.C.UPADHYAYA,
J.)
(binoy)
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