MCA/123320/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION No. 1233 of 2008 In MISC.CIVIL APPLICATION No. 1083 of 2007 In LETTERS PATENT APPEAL No. 1515 of 2006 ======================================================= MANJULABEN AMBALAL SOLANKI & 8 - Applicant(s) Versus KRISHNONICS CAPACITY & 2 - Opponent(s) ======================================================= Appearance : MR TR MISHRA for Applicant(s) : 1 - 9. MR PRABHAKAR UPADYAY for Opponent(s) : 1 - 2. NOTICE SERVED for Opponent(s) : 3, ======================================================= CORAM : HONOURABLE MR.JUSTICE R.P.DHOLAKIA and HONOURABLE MR.JUSTICE DN PATEL Date : 12/08/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE DN PATEL)
Usual
dispute has been raised by both the parties to this application that
the workmen are not coming to the place of an employment and,
therefore, no work is offered. Whereas the applicants are
consistently staying that they are eager to join and resume their
duties. Learned counsel for the applicants has drawn attention of
this Court towards the order passed in Misc. Civil Application in
Letters Patent Appeal.
Learned
counsel for the respondents has submitted that they are ready and
willing to accept the applicants as their workmen and they can resume
their duties.
In
view of the dispute between the parties and the earlier passed in
Misc. Civil Application in Letters Patent Appeal, we hereby permit
the present applicants to resume their duties at the place of an
employment of the respondent at Gandhinagar factory and the
Government Labour Officer, Ahmedabad will accompany the present
applicants or will depute a responsible officer, who will remain
present with the applicants at the time of joining of the duties with
the respondents at Gandhinagar factory.
The
Labour Commissioner, Ahmedabad is joined as party respondent no.4.
Notice to the newly added party respondent no.4 returnable on 27th
August, 2008. Direct service is permitted today.
Meanwhile,
the respondent nos.1 to 3 will jointly deposit Rs.2,50,000/- (Two
Lakhs Fifty Thousand Only) before this Court on or before 27th
August, 2008.
Learned
counsel for the applicants has submitted that the applicants are
remained present before the respondents at their factory at
Gandhinagar on 14th August, 2008 at 8:00 a.m.
(R.P.DHOLAKIA,
J.) (D.N. PATEL, J.)
/patil