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SCA/3989/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3989 of 2011
=========================================================
PATEL
KANTIBHAI GOPALBHAI - Petitioner(s)
Versus
AITHOR
GRAM PANCHAYAT THROUGH SARPANCH & 3 - Respondent(s)
=========================================================
Appearance
:
MR
JIGAR G GADHAVI for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 3.
MR AL SHARMA
AGP for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/03/2011
ORAL
ORDER
Heard
learned advocate Mr. JG Gadhavi on behalf of petitioner, learned AGP
Mr. AL Sharma appearing for respondent no. 4 State of Gujarat,
Secretary, Department of Panchayat, Sachivalaya.
The
prayer made in this petition by petitioner is to direct respondent
no. 1 Aithor Gram Panchayat to implement or comply with order/award
passed by Labour Court in reference no. 586/2003 dated 27/5/2008 and
during pending this petition to direct respondent no. 2 to 4 to
consider and decide an application made by petitioner seeking
compliance of order of Labour Court, Kalol.
In
respect to prayer made in present petition, let petitioner may
approach Assistant Commissioner of Labour, Mehsana by filing
complaint for breach of award committed by respondent no. 1 Gram
Panchayat for not complying ex parte award passed in present
petition under section 29 of Industrial Disputes Act, 1947. Such
complaint is to be made by petitioner to Assistant Commissioner of
Labour, Mehsana within a period of fifteen days from date of
receiving copy of present order.
As
and when Assistant Commissioner of Labour receive complaint from
petitioner in respect to non compliance of award passed by Labour
Court, Kalol in reference no. 586/2003 dated 27/5/2008, it is
directed to Assistant Commissioner of Labour to take necessary
action initiated against respondent no. 1 Gram Panchayat for breach
of award which amounts to offence under section 29 of Industrial
Disputes Act, 1947 and also to take an appropriate steps while
exercising power under section 34 of Industrial Disputes Act, 1947
as early as possible within a period of three months from date of
receiving complaint from petitioner.
Over
and above, respondent no. 3 District Development Officer and
respondent no. 2 are directed to take appropriate action against
respondent no. 1 Gram panchayat for not implementing award passed by
Labour Court, Kalol in reference no. 586/2003 dated 27/5/2008 as
early as possible within a period of three months from date of
receiving copy of present order.
In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service is permitted.
(H.K.RATHOD,
J)
asma
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