By way of filing Special Civil Application No.3676 of 2011 the petitioner has prayed for declaring the action of the respondents in not implementing the order dated 27th December 2007 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.110 of 2002 as illegal and arbitrary.
In view of the fact that the aforesaid prayer is of the nature of executing the order dated 27th December 2007 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.110 of 2002, in my view, it will be appropriate if the petitioner moves the Industrial Tribunal by filing application under Section 33C(1) of the Industrial Disputes Act, 1947.
In the meanwhile, the service of the petitioner of Special Civil Application No.3676 of 2011 shall not altered to the detriment of the petitioner.
With the aforesaid observations, both the petitions stand disposed of.
(K.S.Jhaveri, J.) *mohd Top