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SCA/330/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 330 of 2011
=========================================================
STATE
OF GUJARAT & 2 - Petitioner(s)
Versus
RATUBHA
MAHOBATSANG GOHIL - Respondent(s)
=========================================================
Appearance
:
MR
AL SHARMA AGP for
Petitioner(s) : 1 - 3.
NOTICE SERVED for Respondent(s) : 1,
MR
MA BUKHARI for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/03/2011
ORAL
ORDER
1. Heard
learned AGP Mr.A.L.Sharma for petitioners and learned advocate
Mr.M.A.Bukhari for respondent.
2. I
have considered the submissions made by both learned advocates. The
question involved in present petition requires detailed examination.
Hence, Rule.
3. Ad-interim
relief in terms of Para.10(C) is granted, subject to compliance of
Section 17(B) of I.D.Act,1947.
4. Notice
as to interim relief, returnable on 2.5.2011.
5. However,
it is open for petitioners to consider the case of respondent for
reinstatement because respondent workman was working with petitioners
in the year 1975, receiving Rs.65/- daily wage from petitioners and
thereafter, his service was terminated on 30.4.2003 and matter has
been decided by Labour Court on 21.5.2010. Therefore, if the
petitioner is having any work available which can be provided to
respondent – workman, let petitioner may exercise discretionary
powers in favour of respondent – workman and to reinstate the
workman on original post without prejudice to their rights and
contentions raised in present petition, in stead of paying idle wages
to respondent – workman.
[
H.K.RATHOD, J. ]
(vipul)
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