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SCA/9074/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9074 of 2008
=========================================
PARI
PLAST INDUSTRIES PVT LTD. - Petitioner(s)
Versus
STATE
OF GUJARAT THRO. SECRETARY, & 3 - Respondent(s)
=========================================
Appearance :
MR
GANDHI NANAVATI ASSOCIATES for Petitioner(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None for
Respondent(s) : 2 - 4.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/07/2008
ORAL
ORDER
1. Mr.
Gandhi, learned advocate appearing for the petitioner, has submitted
that not only prior to the impugned order dated 19.4.2008, but even
after the impugned order, the petitioner ? Company has by
displaying notices on notice board, requested the concerned workmen
to resume the duties. He has, in particular, made reference to the
notices dated 13.5.2008 and 17.5.2008 (Annexures A, K-1, K-2, Pages
No.46 and 48). He further submits that despite the said notices, some
of the workmen have not resumed their duties.
2. In
view of the submission of Mr. Gandhi, learned advocate, issue NOTICE
returnable on 16.7.2008. Until then, the operation of the impugned
order dated 19.4.2008 at Annexure A-1 shall remain suspended. It is,
however, clarified that it would be open for the concerned workmen to
resume duties without prejudice to the rights and contentions and
also without prejudice to their contentions that they are not on
strike. So far the impugned notice dated 10.6.2008 is concerned, the
petitioner shall file its reply as required by the Authority,
however, the Authority may not file criminal complaint or initiate
prosecution, without affording opportunity of hearing to th
petitioner. Direct service is permitted.
(K.M.THAKER,
J.)
ynvyas
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