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SCA/5157/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5157 of 2008
=========================================================
RATANSINH
N KOLI - Petitioner(s)
Versus
DIVISIONAL
CONTROLLER - Respondent(s)
=========================================================
Appearance
:
MR
JS BRAHMBHATT for
Petitioner(s) : 1,
None
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 27/03/2008
ORAL
ORDER
Heard
learned Advocate Mr. Brahmbhatt for the petitioner. By filing this
petition, the petitioner is seeking implementation of the award in
question as fixation of pay is not properly done by the corporation
and increment for the interim period has also not been counted by
the corporation. Learned Advocate Mr. Brahmbhatt for the petitioner
is relying on various circulars of the corporation in that regard.
If
the petitioner is claiming that any amount is due in favour of the
petitioner and payable by the corporation on the basis of the award
passed by the labour court or the industrial tribunal, then, such an
amount can be recovered by the petitioner from the corporation by
filing recovery application under section 33C of the ID Act, 1947.
Therefore, as the petitioner is having an alternative, equally
efficacious remedy under section 33C of the ID Act, 1947, this writ
petition cannot be entertained by this Court. Same is, therefore,
disposed of by this court on that ground alone without expressing
any opinion on merits of the matter.
(H.K.
Rathod,J.)
Vyas
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