Gujarat High Court
Bantva Municipality vs Ambrish Prithviraj Rathod & on 29 March, 2016
Author: R. Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/LPA/189/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 189 of 2016
in
SPECIAL CIVIL APPLICATION NO. 14768 of 2015
With
CIVIL APPLICATION NO. 2356 of 2016
In
LETTERS PATENT APPEAL NO. 189 of 2016
With
LETTERS PATENT APPEAL NO. 190 of 2016
In
SPECIAL CIVIL APPLICATION NO. 14855 of 2015
with
CIVIL APPLICATION NO. 2357 of 2016
In
LETTERS PATENT APPEAL NO. 190 of 2016
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BANTVA MUNICIPALITY....Appellant(s)
Versus
AMBRISH PRITHVIRAJ RATHOD & 1....Respondent(s)
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Appearance:
MR DEEPAK P SANCHELA, ADVOCATE for the Appellant(s) No. 1
MR YOGEN N PANDYA, CAVEATOR for the Respondent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 29/03/2016
ORAL ORDER
Page 1 of 3
HC-NIC Page 1 of 3 Created On Thu Mar 31 00:37:35 IST 2016 C/LPA/189/2016 ORDER (PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) Heard the learned counsel for the parties. Both the appeals are ADMITTED. Shri Yogen N. Pandya, learned counsel waives service of notice of admission on behalf of the respondent- workman.
ORDER IN CIVIL APPLICATION No.2357 of 2016 in LPA No.190 of 2016 in SCA No.14855 of 2015 (filed by workman)
1. Against the award passed by the Industrial Tribunal, Rajkot in Reference (IT) No.57 of 2005 dated 22.05.2015, two Special Civil Applications are filed, one by the Municipality and the other by the workman. By passing common order the learned Single Judge has dismissed the petition filed by the Municipality and partly allowed the petition filed by the workman and ordered payment of arrears for the period from 01.04.2000 to 22.05.2015.
2. Heard the learned counsel for the appellant and also for the respondent-workman. The learned Single Judge has ordered payment of arrears for the period from 01.04.2000 to 22.05.2015 based on the earlier award passed by the Tribunal in favour of two other persons, who were also working with the Municipality. Earlier, there was an award in favour of two persons for payment of arrears, against such award, Municipality carried the matter to this Court by way of Special Civil Application which was allowed and the matter was remanded for fresh consideration by the Labour Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu Mar 31 00:37:35 IST 2016 C/LPA/189/2016 ORDER Court. It is brought to the notice of this Court that after remand, the Labour Court has rejected the claim of workman as against which they approached this Court by filing Special Civil Application No.3315 of 2016 and the same is pending.
3. In view of the aforesaid reasons issue NOTICE returnable on 26.04.2016 and there shall be stay of the order passed by the learned Single Judge to the extent of payment of arrears for the period from 01.04.2000 to 22.05.2015.
ORDER IN CIVIL APPLICATION No.2356 of 2016 in LPA No.189 of 2016 in SCA No.14768 of 2015 (filed by Municipality) Issue NOTICE returnable on 26.04.2016.
(R. SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J.) karim Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu Mar 31 00:37:35 IST 2016