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SCA/13564/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13564 of 2009
=========================================================
WOCKHARDT
LIMITED - Petitioner(s)
Versus
GOPALSINGH
ARJUNPRASADSINGH - Respondent(s)
=========================================================
Appearance
:
NANAVATI
ASSOCIATES for
Petitioner(s) : 1,
MR DS VASAVADA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/04/2010
ORAL
ORDER
Heard
learned Advocate Mr. Gandhi for M/s. Nanavati Associates for
petitioner and learned Advocate Mr. DS Vasavada for respondent.
Considering
submissions made by both learned Advocates, question raised and
involved in this petition would require detailed examination,hence,
Rule.
Ad
interim relief granted earlier on 21.12.2009 shall continue to
operate till special civil application is finally decided by this
court subject to compliance of provisions of section 17B of ID Act,
1947 by petitioner with effect from date of award, 26th
October, 2009.
Learned
Advocate Mr. Vasavada for respondent workman has submitted that
respondent workman has filed affidavit of unemployment in January,
2010, page 90 and copy thereof has been served to petitioner.
Learned Advocate Mr.Gandhi for petitioner submitted that the
petitioner will inquire into it and thereafter, they will make
necessary payments as required under section 17B of ID Act, 1947 to
respondents.
Considering
these submissions, it is directed to petitioner to pay last drawn
wages required under section 17B of ID Act, 1947to respondent
workman with effect from date of award, 26th October,
2009 till 31st March, 2010 within one month from date of
receipt of copy of this order and thereafter, it is further directed
to petitioner to pay regularly last drawn wages to respondent
workman till special civil application is finally decided by this
court. However, it is kept open for petitioner, in case, if any
material is received by petitioner to establish that the respondent
workman has been gainfully employed in any establishment, then to
file appropriate application before this Court for modification of
this order.
Mr.
DS Vasavada, learned Advocate appearing for respondent workman
waives notice of rule and interim relief on behalf of respondent
workman.
(H.K.
Rathod,J.)
Vyas
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