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Adam vs Executive

High Court Of Gujarat|19 March, 2012

JUDGMENT / ORDER

1. Draft amendment is granted. Amendment to be carried out forthwith.
2. By way of this applications, the applicant-original respondent has prayed for the following reliefs:-
"(A) That Your Lordships be pleased to direct the respondent (Ori. Petitioner) to extend the benefit of 17-10-1988 G.R. on completion of 5 years and 10 years of service to the applicant and be further pleased to direct the respondent to pay the arrears thereon alongwith the interest;
(B) Any other and such further relief as the Hon'ble Court deems fit and proper in the interest of justice."
3. As indicated in order dated 28.07.2010 (at Annexure-A to the application), the main writ petitions have been admitted and interim relief is granted after bi-parte hearing whereby, judgment and award dated 17.04.2010 passed by the Labour Court, Jamnagar in Recovery Application Nos.82 of 2006 to 91 of 2006 is stayed. In fact, as per said order dated 28.07.2010, the opponent-original petitioner has deposited the amount in question before this Court and the said amount, according to Mr.Mishra, learned counsel for the applicant, has already been deposited in compliance of the order dated 28.07.2010. Mr.Mishra, learned counsel further submitted that the said amount is already invested in F.D.Rs. as per the said order and the applicant-original respondent workman also got periodical interest, as provided in the aforesaid order.
4. What is prayed for in the present applications is to give the benefit of Government Resolution dated 17.10.1988, as applicable even to the opponent-original petitioner - Board.
5. The prayers made in these applications cannot be granted as the same are beyond the main writ petitions and this Court, while entertaining the main writ petitions, has been pleased to grant interim relief after bi-parte hearing and as aforesaid, even the interest is being paid to the present applicant-original respondent. Hence, the present applications do not deserve any merit.
6. Accordingly, the applications are dismissed in limine.
(R.M.CHHAYA, J.) Hitesh Top
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Title

Adam vs Executive

Court

High Court Of Gujarat

JudgmentDate
19 March, 2012