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SCA/4499/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4499 of 2011
=========================================================
SABARKANTHA
DISTRICT PANCHAYAT - Petitioner(s)
Versus
YAKUBKHAN
SHAMMUKHAN MALEK - Respondent(s)
=========================================================
Appearance
:
MR
HS MUNSHAW for
Petitioner(s) : 1,
MR DM DEVNANI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/06/2011
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
This
Court has issued notice on 19th April, 2011. Thereafter,
this Court has passed an order on 11th May, 2011, which is
quoted as under :
Heard
learned advocate Mr. HS Munshaw on behalf of petitioner, learned
advocate Mr. DM Devnani appearing for respondent.
In
present petition, petitioner Sabarkantha District Panchayat has
challenged award passed by Labour Court, Himmatnagar in reference
no. 908/96 exh 67 dated 31/1/2011. The Labour Court has set aside
termination order and granted reinstatement in favour of workman
with continuity of service but without back wages of interim period.
This
Court has issued notice and in response to that learned advocate Mr.
Devnani is appearing. Learned advocate Mr. Devnani appearing for
respondent submitted that service of respondent was terminated by
petitioner on 8/12/1986. According to his information, respondent
is reached to age of superannuation. He also pointed out that
respondent has suffered from paralytic attack. Therefore, now he is
not able to work. Even question of reinstatement is also does not
arise as workman is reached age of superannuation.
He
submitted that let petitioner may work out retirement benefits from
date of joining till date of retirement, considering him deemed to
be in service whatever service benefit is available, let petitioner
may consider it and work out the same. So matter can be put an end.
Learned
advocate Mr. Munshaw appearing for petitioner requests for some time
to have instruction from petitioner. Therefore, matter is adjourned
to 13/5/2011.
In
pursuance of aforesaid order, learned advocate Mr.Munshaw placed on
record letter of District Development Officer, Sabarkantha at
Himatngar dated 9th June, 2011 which was addressed to him.
Copy thereof is served to learned advocate Mr. Devnani. The same is
ordered to be taken on record.
Considering
request made by both learned advocates, matter is adjourned to 15 th
July, 2011.
[H.K.
RATHOD, J.]
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