State Of Gujarat vs Vitthalbhai Dalsukhbhai Koli
2021 Latest Caselaw 15687 Guj

      C/SCA/13328/2020                                         ORDER DATED: 05/10/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/SPECIAL CIVIL APPLICATION NO. 13328 of 2020
                                 With
         R/SPECIAL CIVIL APPLICATION NO. 15070 of 2020
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                         STATE OF GUJARAT
                                Versus
                  VITTHALBHAI DALSUKHBHAI KOLI
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Appearance:
 for the Petitioner(s) No. 2,3
GOVERNMENT PLEADER(1) for the Petitioner(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                           Date : 05/10/2021
                        COMMON ORAL ORDER

While issuing notice vide order dated 29.10.2020, this Court has granted the stay in judgment and order dated 18.12.2019 passed by Labour Court, Godhara in Reference (T) No. 32 of 2000.

Matters require consideration, and hence, issue RULE in Special Civil Application No. 13328 of 2020). Interim relief granted vide order dated 29.10.2020 is confirmed subject to the payment of wages under Section 17B of the Industrial Disputes Act, 1947.

Learned advocate Mr. Dipak Dave appearing for the respondent No. 1 has submitted that the work is already available and the workman is ready and willing to work.

Under the circumstances, it will be open for the petitioner- State to order reinstatement if they so desire instead of paying idle wages to the workman. Registry to place a copy of the order in connected matter.

(A. S. SUPEHIA, J) VISHAL MISHRA