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LPA/1949/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1949 of 2010
In
CIVIL
APPLICATION No. 6589 of 2010
In
SPECIAL CIVIL APPLICATION No. 11288 of 2008
=========================================
REGISTRAR
& 1 - Appellant(s)
Versus
MANISH
BABULAL GOHIL - Respondent(s)
=========================================
Appearance
:
MR RC
KAKKAD for
Appellant(s) : 1 - 2.
MR TR MISHRA for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE MR.JUSTICE G.B.SHAH
Date
: 18/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We
have heard Mr R.C. Kakkad, learned counsel for the appellants and
Mr T R Mishra, learned counsel appearing for the respondent.
2. With
the consent of the counsel for the parties, we have taken this appeal
for final disposal.
3. This
appeal has been filed by the appellant challenging the order dated
28.07.2010 passed by the learned Single Judge in Civil Application
No. 6589 of 2010 by which the learned Single Judge has directed that
during the pendency of the appeal, the respondent be paid regular
wages with effect from 1.8.2010 and arrears of wages as prayed by him
in prayer clause 3(B) and allowed the application in terms of para
3 (A) and 3 (B).
4. It
is not disputed that the Special Civil Application is still pending
challenging the award. During the pendency of the petition, by the
impugned order, the learned Single Judge has granted interim relief
to the petitioner which could have been granted only as a final
relief. Further, the respondents have complied with the provisions
of 17(B) of the Industrial Disputes Act, 1947 and had reinstated the
respondent and are paying him last pay drawn by him. In this view
of the matter, since by way of interim relief, final relief has been
granted, the impugned order cannot be maintained.
5. In
the result, this appeal succeeds and is allowed. The order dated
28.7.2010 passed by the learned Single Judge is quashed and set
aside. We request the learned Single Judge to decide the Special
Civil Application No. 11288 of 2008 at the earliest subject to His
Lordship’s convenience.
[V.
M. SAHAI, J.]
[G.
B. SHAH, J.]
msp
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