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CA/2674/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR VACATING STAY No. 2674 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5756 of 2009
=========================================================
JIVAJI
MAKAJI SOLANKI - Petitioner(s)
Versus
AHMEDABAD
MUNICIPAL CORPORATION - Respondent(s)
=========================================================
Appearance
:
MR
YOGEN N PANDYA for
Petitioner(s) : 1,
MR HS MUNSHAW for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/03/2010
ORAL
ORDER
1. Heard
learned advocate Mr.Yogen N. Pandya for applicant and learned
advocate Mr.H.S.Munshaw for respondent.
2. Main
SCA No.5756 of 2009 is filed by petitioner challenging award passed
by Labour Court, Ahmedabad in Reference No.1867 of 2001, Exh.27,
dated 3.12.2008 whereby Labour Court, Ahmedabad has granted
reinstatement in favour of workman while maintaining terms and
conditions as imposed by Standing Committee Resolution No.1130 dated
30.3.2001 with cost of Rs.1000/-.
3. This
Court while issuing notice, granted ad-interim relief staying
implementation and operation of impugned award on 24.6.2009.
Thereafter, Rule has been issued on 18.9.2009 and interim relief has
also been directed to remain continued till further orders.
4. In
light of this stay granted by this Court, as referred above, present
application is preferred by applicant with a prayer to grant benefit
under Section 17B of I.D.Act,1947 as applicant is unemployed and not
gainfully employed. The averments made in Para.6 of application is
quoted as under :
6. The
applicant most respectfully states and submits that the applicant is
57 years old and is unemployed and has no source of his livelihood.
It is further most respectfully stated and submitted that the
applicant is an illiterate person and was under the impression that
pursuant to the award passed by Labour Court, the applicant will be
reinstated in service. It is further most respectfully stated and
submitted that though the notice issued by this Hon’ble Court is
served upon him, due to his lack of knowledge and due to bad
financial position, the applicant could not engage any Advocate and
under the impression that he is to be represented before the Hon’ble
Court only through learned advocate and therefore the applicant could
not remain present before the Hon’ble Court on 8.9.2009 and therefore
the Hon’ble Court has been pleased to confirm the interim relief and
stayed the operation and implementation of the award passed by the
learned Labour Court.
5. The
aforesaid averments are support with affidavit and against that, no
counter is filed by original petitioner. Therefore, considering
unemployment of applicant and not gainfully employed with
reinstatement has been stayed by this Court, it is the duty of
original petitioner to comply with provisions of Section 17B of the
I.D.Act,1947 with effect from date of award.
6. Therefore,
it is directed to original petitioner present opponent to pay
last drawn wages as required under Section 17B of the I.D.Act,1947 to
present applicant with effect from date of award 3.12.2008 till
31.3.2010, within a period of one month from date of receiving copy
of present order. It is further directed to original petitioner to
pay regularly last drawn wages each month till main SCA is finally
decided by this Court.
7. In
view of aforesaid observations and directions, present application is
disposed of.
(H.K.RATHOD,J.)
(vipul)
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