SCA/7100/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7100 of 2008 ========================================================= SHARDABEN BABULAL DESAI - Petitioner(s) Versus RUTHBEN STEVENSON CHRISTIAN - Respondent(s) ========================================================= Appearance : MR AK CLERK for Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4 MR LN MEDIPALLY for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 29/09/2008 ORAL ORDER
Mr.Clerk,
learned advocate for the petitioner, submitted that ordinarily he
would not insist for going ahead with the matter in view of sick
note filed but to-day there is no sick note filed and on the last
few occasions no effective steps have been taken to represent the
concerned respondent. He submitted that recovery application has
been filed and in that view of the matter to-day when there is no
sick note filed, he is taking up the matter.
It
is required to be noted that the matter was called out twice, none
has remained present for the respondent.
Looking
to the finding recorded by the Labour Court and the order of payment
towards lumpsum compensation, this Court is of the view that the
award deserves to be stayed.
RULE.
By way of ad-interim relief, the impugned order is stayed.
As
this order is passed in absence of respondent and/or her counsel,
let there be liberty reserved to the respondent and/or her counsel
to move this Court for modification and/or revocation of this order
after giving an application.
(S.R.BRAHMBHATT,
J.)
vijay*