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SCA/6227/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6227 of 2010
=========================================================
MOHANBHAI
GANESHBHAI PARMAR & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Petitioner(s) : 1 - 2.
MR ANAND SHARMA AGP for Respondent(s) :
1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/05/2010
ORAL
ORDER
Heard
learned advocate Mr.Hiren M. Modi on behalf of petitioner and
learned A.G.P. Mr.Sharma on behalf of respondent-State of Gujarat
and the Collector, Ahmedabad. Present petition is filed with a
prayer to direct the Collector, Ahmedabad to execute Recovery
Certificate issued by learned Labour Court on 17.06.2009 in favour
of the Collector, Ahmedabad against R.L.Engineering Works.
Learned
advocate Mr.Modi submitted that in Reference (LCA) No.975 of 2005,
learned Labour Court has passed an ex-parte award against employer
on 03.09.2007 in favour of Mohanbhai Ganeshbhai Parmar and
Rameshbhai Muljibhai Parmar. Thereafter, Recovery Application No.502
of 2008 was preferred by concerned petitioners, which has been
already decided by learned Labour Court on 17.04.2009 and directed
to issue Recovery Certificate. Learned advocate Mr.Modi has made a
statement before this Court that ex-parte award and ex-parte order
passed in Recovery Application is not challenged by employer to
higher forum and employer has also not filed any application to set
aside the same under Rule 26(A) of the Industrial Disputes (Gujarat)
Rules, 1966. He has further submitted that no stay is operated
against these ex-parte award, order and Recovery Certificate.
It
is directed to the Collector, Ahmedabad to take effective steps to
recover the amount from respondent, as per the Recovery Certificate
dated 17.06.2009(Annexure- A , Page-7) while exercising the
power under the Bombay Land Revenue Code, as early as possible
within a period of 3(Three) months from the date of receiving a copy
of this order.
In
view of above observations and directions, present petition is
disposed of.
Direct
service is permitted.
(H.K.RATHOD,
J.)
..mitesh..
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