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SCA/1246/2011 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1246 of
2011
=========================================================
HARSHAD
TEXTILE - Petitioner(s)
Versus
MOHAMMADRAUF
SHARIFBHAI SHAIKH - Respondent(s)
=========================================================
Appearance
:
MR
DIPAK R DAVE for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 01/03/2011
ORAL
ORDER
1. Heard
Mr. Dave, learned advocate for the petitioner.
2. Mr.
Dave, learned advocate for the petitioner has submitted that though
service of the respondent was not terminated by the petitioner, the
respondent approached labour Court with an allegation that his
service was orally terminated. He has submitted that actually it was
the respondent who did not report for work and then raised industrial
dispute which has been decided by award dated 9.3.2010. He has
referred to Annexure-G (page-41/A) and submitted that after the award
was rendered the petitioner has addressed a letter to the respondent
to report for work but the respondent has not reported for work. It
is noticed that award is dated 9.3.2010 and the letter referred to by
the learned advocate for the petitioner is of 8.9.2010. Mr. Dave,
learned advocate for the petitioner has submitted that earlier also
similar intimation was given.
3.
In this view of the matter while declining interference with the
direction regarding reinstatement and taking note of the fact that
the petitioner has, by the aforesaid letter, shown readiness to
reinstate the respondent and to allow him to report for work, office
is directed to issue Notice making it returnable on
21.3.2011.
4.
The petitioner will give specific intimation, citing details about
present proceedings and present order, to the respondent workman
asking him to report for work.
5.
Such intimation will be given by R.P.A.D..
6.
A copy thereof must be sent to the Union representing the workman.
7.
The petitioner shall place on record, on the returnable date, the
details about the calculation of the wages which becomes payable by
virtue of the impugned award.
8.
Having regard to the submissions of the learned advocate for the
petitioner, the direction regarding backwages by way of ad-interim
relief will remain stayed until next date of hearing.
(K.M.THAKER,J.)
Suresh*
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