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SCA/12133/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12133 of 2008
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NATARAJ
CERAMICS & CHEMICALS INDUSTRIES LTD.THROUGH - Petitioner
Versus
JAM
NAGARJAN KAYABHAI C/O.BHARTIYA MAZDOOR SANGH - Respondent
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Appearance :
MR
YATIN SONI for Petitioner: 1,MR NIRAJ J SHAH for
Petitioner: 1,
MR MUKESH B DAVE for Respondent:
1,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 17/10/2008
ORAL
ORDER
The
discretion under Section 11(A) is exercised without substituting the
penalty which was awarded after detailed inquiry, wherein, the
workman was found guilty. The award impugned, therefore, is required
to be examined from that angle. Hence, Rule.
Mr.
N.J. Shah, learned counsel for Mr. Soni for the petitioner submitted
that the petitioner has already reinstated the respondent workman
without prejudice to their rights and contention to challenge the
award. In view of this, by way of interim relief, the order of
reinstatement is not stayed as the workman has been reinstated
without prejudice to the rights and contentions of the petition and
the order regarding back wages is therefore required to be stayed and
accordingly, it is stayed till final disposal of the matter.
pallav
(S.R.BRAHMBHATT, J.)
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