1. The applicant-original petitioner has preferred this Civil Application for the following reliefs:
"(A) Your Lordships may be pleased to allow this application with cost.
(B) Your Lordships may be pleased to direct opponent Nos. 2 and 3 to compute the benefits accruing to the applicant under the order of the Industrial Court and whatever amount is payable may be directed to be paid to the applicant pending the hearing of the appeal.
Alternatively, (B) Your Lordships may be pleased to fix the date of final hearing of captioned petition;
(C) Your Lordships may be pleased to grant any other relief/s as may be deemed fit and proper in the interest of justice".
2. As far as prayer (B) is concerned, the respondents are directed to compute the benefits accrued to the applicant as per the order impugned in the present petition and place the same on record by way of affidavit within a period of thirty days. However, pending the petition, the respondents cannot be directed to pay the applicant the said amount as the applicant has to take appropriate steps for the same. Even though Mr. Vasavada rightly pointed out that the order impugned in the present petition is not challenged by the respondents.
3. As far as alternative prayer (B) is concerned, no priority can be given to this petition as the main Writ Petition is admitted vide order dated 21.6.2011 and many matters prior thereto are of similar nature pending for its final adjudication. However, it will be open for the applicant to renew his request after six months. Direct service permitted.
Sd/-
(R.M.
Chhaya, J.) M.M.BHATT Top