Gujarat High Court
Kanaksinh Balubha Zala & 5 vs Executive Engineer Pashchim Gujarat ... on 5 May, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/CA/5947/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR ORDERS) NO. 5947 of 2017
In SPECIAL CIVIL APPLICATION NO. 13068 of 2009
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KANAKSINH BALUBHA ZALA & 5....Applicant(s)
Versus
EXECUTIVE ENGINEER PASHCHIM GUJARAT VIJ CO LTD &
1....Respondent(s)
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Appearance:
MR BHUNESH C RUPERA, ADVOCATE for the Applicant(s) No. 1 - 6
MS LILU K BHAYA, ADVOCATE for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 05/05/2017
ORAL ORDER
1. This application has been moved by the original respondent Nos.1 to 6 urging to grant current wages instead of last drawn wages under the provisions of Section 17 (B) of the Industrial Dispute Act,1947 ('I.D.Act hereinafter).
2. The applicants-respondents have sought to rely on the decision rendered in case of Anwar Hussain Satar vs. Gujarat Maritime Board reported in 2008 (1) GLH 34, so also on the decision rendered by the Apex Court in case of Dena Bank vs.Kiritkumar T. Patel reported in 1997 (2) Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Aug 17 03:05:09 IST 2017 C/CA/5947/2017 ORDER GLH 946 where the court has held that the High Court and Supreme Court have the powers in the interest of justice to grant the amount which would be just.
3. It is the say of the learned advocate Mr. Bhunesh C.Rupera that the last drawn salary comes to only about Rs.2000/- (Two Thousands Only)(rounded of) every month whereas if the present salary is taken into the account it would be around Rs.6000/- (Six Thousands Only).
4. Learned advocate appearing for the original petitioner requires time to take instruction, time as sought for is granted.
Let this application appear on 29th June,2017 along with main petition being Special Civil Application No.13068 of 2009.
(MS SONIA GOKANI, J.) MIRZA Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Aug 17 03:05:09 IST 2017