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D vs Punam

High Court Of Gujarat|13 March, 2012

JUDGMENT / ORDER

BELOW OFFICE NOTE
1. The above writ petition being Special Civil Application No.16182 of 2010 came to be disposed of by this Court (Coram: H.K. Rathod, J., as he then was) vide order dated 25.04.2011 wherein, this Court has made following observation in paragraph No.9.1:-
"9.1 Now, the entire reference being Reference No.21 of 2000 is to be decided afresh by Labour Court, Surat after giving reasonable opportunity of hearing to both parties and whatever the statement of claim and written statement, if any, filed, it is otherwise also open to both parties to amend if required and to produce relevant documents on record as well as also to lead oral evidence before Labour Court and Labour Court must have to decide entire reference finally, within a period of six months from date of receiving copy of present order and both parties are directed to co-operate the hearing before Labour Court, Surat. The Labour Court, Surat shall not influence by earlier award and subsequent order passed in restoration application, as referred above."
2. It appears from the record that the order passed by this Court was received by the office of the learned Labour Court, Surat on 20.05.2011. However, the file of the said reference(LCS) No.21 of 2000 was handed over to the learned Judge after the said period was over. It further appears that the learned Labour Court, Surat, as per order dated 25.04.2011 passed by this Court (Coram: H.K. Rathod, J., as he then was), has issued notice and kept the hearing of said reference(LCS) No.21 of 2000 on 05.03.2012.
3. Considering the above, time to decide the entire reference finally, as directed by this Court (Coram: H.K. Rathod, J., as he then was) vide order dated 25.04.2011, is extended upto 30.09.2012. The other directions issued by this Court in the said order shall remain as it is and both the parties are directed to co-operate with the hearing of the said reference.
4. With the above observations, this Office Note stands disposed of.
(R.M.CHHAYA, J.) Hitesh Top
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Title

D vs Punam

Court

High Court Of Gujarat

JudgmentDate
13 March, 2012