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SCA/4933/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4933 of 2011
=========================================================
JANAKLAL
B SHAH & 4 - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Petitioner(s) : 1 - 3,3.2.1 - 5.
MR AL SHARMA AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/04/2011
ORAL
ORDER
Heard
learned advocate Mr. ND Sonagara on behalf of petitioner, learned
AGP Mr. AL Sharma appearing for respondent nos. 1 and 2 –
District Collector, Kheda and District Collector, Anand.
The
present petition is filed with a prayer to direct respondent nos. 1
and 2 to recover amount from present respondent no. 2 and 3
Nagarpalika as per Recovery Certificate dated 4/8/1994 and order
dated 2/11/1993 passed by Labour Court, Anand along with penal
interest.
Learned
advocate Mr. Songara made statement before this Court that against
recovery certificate dated 4/8/1994, no proceeding is initiated by
employer to higher authority and no stay is granted against present
recovery certificate.
This
being an old recovery certificate issued by Labour Court in favour
of petitioner dated 4/8/1994. Thereafter, various proceedings have
been initiated between parties. Therefore, let petitioner may
approach to respondent nos. 1 and 2 District Collector, Kheda and
District Collector, Anand by issuing legal notice with a request to
execute recovery certificate dated 4/8/1994 against respondent no. 3
and 4. This notice is required to be service to respondent no. 1
and 2 by petitioner within a period of one month from date of
receiving copy of present order.
As
and when petitioner approach to respondent nos. 1 and 2 and receive
notice from petitioner, it is directed to them to take effective
steps for recovering amount from respondent nos. 3 and 4 as per
recovery certificate dated 4/8/1994 within a period of three months
from date of receiving copy of legal notice from petitioner.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits.
(H.K.RATHOD,
J)
asma
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