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MCA/1313/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR MODIFICATION OF ORDER No. 1313 of 2010
In
LETTERS
PATENT APPEAL No. 678 of 2010
In
SPECIAL
CIVIL APPLICATION No. 10797 of 2009
=========================================
P
T STEEL INDUSTRIES
Versus
STATE
OF GUJARAT & 2
=========================================
Appearance
:
MS.P J.JOSHI for Applicant
MS
JIRGA JHAVERI AGP for Opponent No.1
MRPCCHAUDHARI for Opponent
Nos.3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 20/05/2010
ORAL
ORDER
The
applicant / original respondent No.2 in Letters Patent Appeal No.678
of 2010 has filed this Misc. Civil Application praying for extension
of time upto statutory time limit for approaching the higher forum.
Heard
Ms.P. J. Joshi, learned advocate appearing for the applicant,
Mr.P.C.Chaudhari, learned advocate appearing for the opponent No.3
and Ms.Jirga Jhaveri, learned AGP appearing on behalf of the
opponent No.1.
The
Division Bench of this Court has passed an order on 6th
May, 2010 in Letters Patent Appeal No.678 of 2010 whereby on the
request of Ms.Joshi, the Labour Court was directed not to disburse
the amount before 1st June, 2010. The Division Bench of
this Court has further made it clear that the remaining part of the
order shall operate in the meantime. Ms.Joshi has submitted that
the applicant wants to challenge the order dated 6th May,
2010 before the Apex Court. However, because of the vacation as well
as bulky record of Special Civil Application and Letters Patent
Appeal, it is not possible for the applicant to approach the Apex
Court within the prescribed time limit and hence, the time may be
extended.
Mr.P.
C. Chaudhari, learned advocate appearing on behalf of the opponent
No.3, on the other hand, has opposed this application and submitted
that the opponent union has shown its willingness to file an
undertaking before the Labour Court to repay the amount disbursed in
favour of the workmen in case the order of this Court is reversed by
the Apex Court and hence, no prejudice will be caused to the
applicant.
Having
considered the submissions of the learned advocates for the parties,
the Court is of the view that because of the vacation and bulky
record of the proceedings, further time is required to be granted
upto 30th June, 2010. The Labour Court is, therefore,
directed not to disburse the amount in favour of the workmen upto
30th June, 2010. It is made clear that the other
direction of the order dated 6th May, 2010 issued by the
Division Bench of this Court would remain and they are required to
be complied with by the applicant and opponent No.2.
This
application is accordingly disposed of. Direct service is permitted.
[
K. A. PUJ, J. ]
(vijay)
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