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Gujarat High Court

Veraval Patan Joint Municipality vs Ramjibhai Rajabhai Gavadiya & 19 on 13 July, 2016

Author: C.L.Soni

Bench: C.L. Soni

                  C/SCA/15000/2015                                             ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     SPECIAL CIVIL APPLICATION NO. 15000 of 2015

         ==========================================================
                  VERAVAL PATAN JOINT MUNICIPALITY....Petitioner(s)
                                     Versus
                 RAMJIBHAI RAJABHAI GAVADIYA & 19....Respondent(s)
         ==========================================================
         Appearance:
         MR AMAR D MITHANI, ADVOCATE for the Petitioner(s) No. 1
         DIPESH D CHHAYA, ADVOCATE for the Respondent(s) No. 1 - 7 , 9 - 18
         KHUSHBU D CHHAYA, ADVOCATE for the Respondent(s) No. 1 - 7 , 9 - 18
         NOTICE SERVED for the Respondent(s) No. 8 , 19 - 20
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE C.L. SONI

                                     Date : 13/07/2016


                                      ORAL ORDER

1. Learned Advocate Mr. Amar Mithani for the petitioner states that it was represented on behalf of the respondents - workmen for whom the labour court has passed award for reinstatement, that if they are reinstated in service, they shall not claim for any monetary benefits based on the award of the labour court except the reinstatement in service and, therefore, the petitioner municipality has taken decision to reinstate those workmen for whom award for reinstatement is passed by the labour court.

2. Learned Advocate Mr. Dipesh Chhaya appearing for the respondents - workmen confirms the above statement made by the learned advocate Mr. Mithani and states that the respondents workmen for whom award of reinstatement is passed by the labour court agree to be reinstated in service without claiming any monetary benefits from the petitioner municipality on the basis of the impugned Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Jul 14 03:08:43 IST 2016 C/SCA/15000/2015 ORDER award and earlier decision where-under the petitioner municipality was liable to discharge some monetary benefits to them.

3. In view of such statement made by the learned advocate Mr. Chhaya for the respondents workmen, learned advocate Mr. Mithani does not press the petition. However, requests to reserve liberty to revive the petition in case of difficulty.

4. In view of the above, the petition stands disposed of as not pressed with a liberty to the petitioner to apply for revival of the petition in case of difficulty. Notice is discharged.

(C.L.SONI, J.) anvyas Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Jul 14 03:08:43 IST 2016