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SCA/8492/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8492 of
2011
=========================================================
KIRAN
MOTORS LTD - Petitioner(s)
Versus
ASHISHKUAMR
A DIXIT - Respondent(s)
=========================================================
Appearance
:
R
C JANI & ASSOCIATE for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 22/07/2011
ORAL
ORDER
1. Heard learned
Advocate, Mr. R.C. Jani, for the petitioner.
2. Learned Advocate
invited attention of this Court to the relevant para/portion of the
award dated 24th February, 2011, passed by the learned
Judge of the Labour Court No.5, Ahmedabad, in Reference(L.C.A.)
1401/2004.
3. Learned Advocate for
the petitioner, prima
facie, demonstrated before the
Court that the learned Judge has committed an error in overlooking
the contents of the documents produced at Exh.15/1, 15/7, 15/8 and
also at Exhibit-100.
4. Learned
Advocate for the petitioner submitted that the respondent was never
employed by the present petitioner. He was only a Contractor
and on the basis of the work received by the petitioner, which was
assigned to the respondent on contract basis, the bills were drawn
and accordingly he was paid the labour charges.
5. Learned Advocate for
the petitioner also submitted that, though, it is stated by the
respondent that he was getting miscellaneous work from the other
dealers of ‘Maruti’, which are four in numbers in the City of
Ahmedabad. The learned Judge of the Labour Court is pleased to order
reinstatement with 30 per cent back-wages, continuity of service and
consequential benefits and costs of Rs.500/-
6. The matter requires
consideration.
7. RULE.
8. NOTICE
as to interim relief, returnable on 11TH
AUGUST, 2011.
9. AD-INTERIM-RELIEF
in terms of PARA-8(C).
(RAVI
R.TRIPATHI,J.)
Umesh/
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