Gujarat High Court
Shree Somnath Trust Through Manager vs Swati Hariduttbhai Pathak on 25 October, 2021
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/15429/2019 ORDER DATED: 25/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15429 of 2019
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SHREE SOMNATH TRUST THROUGH MANAGER
Versus
SWATI HARIDUTTBHAI PATHAK
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Appearance:
MR DG SHUKLA(1998) for the Petitioner(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No. 1
MR SAMIR B GOHIL(5718) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 25/10/2021
ORAL ORDER
1. Learned advocate Mr. D.G. Shukla, appearing for the petitioner has submitted that in fact, the petitioner has fixed and granted the pay scale as per the award dated 15.03.2017 passed in Reference (LCJ) No.35 of 2011 by the Labour Court, Jamnagar, however subsequently, the respondent has raised the claim of the pay scale from May, 2017. He has submitted that the respondent was reinstated on 05.05.2017 and accordingly his pay was fixed and paid. It is submitted that without such dispute being adjudicated in proper forum, the Labour Court could not have granted the benefits of the higher pay scale. In support his submission, learned advocate Mr.Shukla, has relied on the decision in the case of Gujarat Water Supply and Sewerage Board and another Vs. Ketanbhai Dinkarray Pandya reported in (2003) 3 GLR 2281.
2. The matter requires consideration. Rule. Expedited. Mr.Samir Gohil, learned advocate waives service of notice of Page 1 of 2 Downloaded on : Wed Oct 27 22:39:09 IST 2021 C/SCA/15429/2019 ORDER DATED: 25/10/2021 Rule on behalf of the respondent.
3. During the pendency and final disposal of this petition, there shall be interim relief in terms of paragraph No. : 9(B).
4. Registry to call for record and proceedings from the concerned Court, so as to reach before this Court, on or before 15.12.2021.
(A. S. SUPEHIA, J) MAHESH BHATI Page 2 of 2 Downloaded on : Wed Oct 27 22:39:09 IST 2021