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2017 DIGILAW 1486 (GUJ)

Bharmbhatt Jayesh Bhupatray v. Prakashbhai V. Chauhan

2017-09-01

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. 1. This Miscellaneous Civil Application is filed under the provisions of Contempt of Courts Act, 1971 alleging that the respondents have willfully disobeyed and violated the directions issued by this Court in the order dated 22.2.2016 passed in Special Civil Application No. 1127 of 2010. 2. The respondents herein have filed the aforesaid Special Civil Application with the prayers which read as under: “11(a) Your Lordship may be pleased to allow this writ petition. (b) Your Lordship may be pleased to issue an appropriate writ in the nature of writ of certiorari, and/or any other writ, direction or order quashing and setting aside the judgment and award dated 29.08.2009 in L.C.B No. 352 of 2005 passed by the Learned Labour Court, Bhavnagar. (c) Pending hearing and final disposal of the petition, this Hon'ble Court may be pleased to stay implementation, execution and operation of the judgment and award dated 29.08.2009 in L.C.B No. 352 of 2005 passed by the Learned Labour Court, Bhavnagar. (d) Be pleased to grant in other and further relief in the interest of justlice.” 3. The learned Single Judge, by order dated 22.2.2016, allowed the petition partly by setting aside the direction to the extent of continuity of service awarded by the Labour Court while confirming the directions of reinstatement and 10% back wages. 4. In this Miscellaneous Civil Application, it is contended by learned counsel for the applicant that though the respondents have reinstated the applicant, they have not paid 10% back wages as awarded by the Labour Court and confirmed by this Court. 5. On instructions, learned Assistant Government Pleader Mr. Antani appearing for the respondents submitted that 10% back wages would be paid to the applicant within a period of one week from today. 6. In view of such statement made by learned Assistant Government Pleader, we deem it proper to dispose off this application with a direction to the respondents to pay 10% back wages by way of Account Payee Cheque in the name of the applicant within the period referred above. It is made clear that if any difficulty arises, the liberty is given to the applicant to seek revival of this application. Subject to the above, this application is disposed off.