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Workmen vs Gujarat

High Court Of Gujarat|09 May, 2012

JUDGMENT / ORDER

1. By this application, the applicant-original respondent No.1 has prayed for the following reliefs:-
"A) that this Hon'ble Court be pleased to direct the opponent no.1 to comply with order of this Hon'ble Court dated 2/5/2003 and 13/10/2003 with a stipulated time.
B) this Hon'ble Court be pleased to reject Special Civil Application No.9042 of 2002 without hearing the opponent no.1 for non-compliance of Sec.17B of Industrial Disputes Act, 1947 as per order dated 2/5/2003 in Civil Application No.3056 of 2003 in Special Civil Application No.9042 of 2003.
C) this Hon'ble Court be pleased to pass any other and further relief(s) as may be deemed just and proper in the facts and circumstances of the case.
D) this Hon'ble Court be pleased to provide cost of this application."
2. It appears that against the order passed by this Court (Coram: H.K. Rathod, J. as he then was) in Misc. Civil Application No.1965 of 2003 dated 13.10.2003 is subject matter of Letters Patent Appeal No.1248 of 2003. It further transpires from the record that the said order is stayed and the stay is still subsisting. It further appears that by an order dated 26.9.2011 passed by Division Bench of this Court (Coram: V.M. Sahai, J. and K.S. Jhaveri, J.) in Letters Patent Appeal No.1248 of 2003, the said appeal is ordered to be listed only after disposal of the writ petition. In fact by the aforesaid order dated 26.9.2011, the Division Bench had permitted the parties to move the application for expeditious disposal of the writ petition.
3. Considering the fact that Special Civil Application No.9042 of 2002 is pending for final hearing and even the interim orders are subject matter of the Letters Patent Appeal and furthermore, one of the workman has also preferred Company Petition No.9 of 2003 for winding up under Sections 433 and 434 of the Companies Act which is admitted vide order dated 24.6.2009, this Civil Application is ordered to be heard along with the main matter being Special Civil Application No.9042 of 2002.
4. The main matter being Special Civil Application No.9042 of 2002 is fixed for final hearing in the week beginning from 18.6.2012. The Civil Application is to be listed along with the main matter being Special Civil Application No.9042 of 2002 on the aforesaid date.
[R.M.CHHAYA, J.] mrpandya Top
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Title

Workmen vs Gujarat

Court

High Court Of Gujarat

JudgmentDate
09 May, 2012