1. This Court (Coram: K.S. Jhaveri, J.) vide order dated 20.3.2012 has passed the following order: "RULE. In the meantime, there shall be an ad interim relief qua the order of back wages is stayed on condition that retirement benefits of the respondent No.1 will be paid to him before the returnable date.
Notice for confirmation of adinterim relief returnable on 18th April, 2012."
2. Mr. M.I. Merchant, learned advocate appears for respondent No.1 and the matter was kept on 19.4.2012. It was pointed out on 19.4.2012 by Mr. Merchant that the condition imposed by this Court vide order dated 20.3.2012 is not complied with and therefore, in order to enable Mr. N.K. Raval, learned advocate for the SCA/3497/2012 2/2 ORDER petitioner to state as to whether the condition is complied with or not, the matter was kept today.
3. It is reported that Mr. Raval is sick and hence, time to comply with the condition is extended till 26.4.2012.
4. If by that date, the condition is not complied with, meaning thereby the retiral benefits of respondent No.1 is not paid as per the order dated 20.3.2012, the adinterim relief qua the order of back wages is stayed, shall stand vacated. S.O. to 26.4.2012. Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya