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SCA/2369/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2369 of 2011
=========================================================
SHIHOR
NAGARPALIKA - Petitioner(s)
Versus
JITUBHAI
DOLUBHAI RATHOD - Respondent(s)
=========================================================
Appearance
:
MR
GAURANG H BHATT for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MR TR
MISHRA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 04/05/2011
ORAL
ORDER
Heard
learned Advocate Mr.Gaurang H. Bhatt for petitioner and learned
Advocate Mr. UT Mishra appearing for respondent workman.
In
this petition, petitioner – Shihor Nagarpalika through its
Chief Officer has challenged award passed by Labour Court, Bhavnagar
in Reference (LCB) NO. 379 of 1999 Exh. 31 dated 27.10.2010. Labour
Court has set aside termination order and granted reinstatement in
favour of workman with 20% back wages of interim period and also
granted continuity of service in favour of workman.
I
have considered submissions made by both learned Advocates.
Considering it, question involved and raised in this petition would
require detailed examination. Hence, Rule. Ad-interim relief in
terms of para 18-b on condition that petitioner shall have to comply
with provisions of section 17-B of Industrial Disputes Act, 1947
from date of award, 27.10.2010. Today, learned Advocate Mr. Mishra
appearing for respondent workman has served copy of unemployment to
learned advocate Mr.Gaurang H. Bhatt for petitioner, therefore, same
affidavit is taken on record for compliance of section 17-B of ID
Act, 1947. Notice as to interim relief returnable on 30th
June, 2011.
(H.K.
Rathod,J.)
Vyas
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