Gujarat High Court

SCA/4276/1997 of DY. EXECUTIVE ENGINEER Vs MOHANBHAI MADHABHAI BARIYA on 24 October 1997

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HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4276 of 1997 For Approval and Signature: Hon'ble MR.JUSTICE H.L.GOKHALE ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 4276 of 1997

For Approval and Signature:

Hon'ble MR.JUSTICE H.L.GOKHALE

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1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

-------------------------------------------------------------- DY. EXECUTIVE ENGINEERVersus MOHANBHAI MADHABHAI BARIYA -------------------------------------------------------------- Appearance: MR MUKESH R SHAH for Petitioners MR RV DESAI for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE H.L.GOKHALE Date of decision: 24/10/97

ORAL JUDGEMENT

Heard Mr. Shah for the petitioners. Rule had been issued on this matter by Calla J. on 21/8/1997. After this matter was heard for sometime, it is agreed between the parties that the impugned award dt. 1/1/1997 in Ref. No.1/94 be quashed and set aside on the condition that the petitioners pay to the respondent an amount of Rs.7,000/00 which will be paid by cheque before Diwali i.e. before 29/10/1997.

In view of the understanding between the parties, the petitioners are directed to make the payment as stated above. The impugned award is hereby quashed and set aside and Reference will stand restored to the File of the learned Judge of the Labour Court at Godhra. The learned Judge will endeavour to dispose of the same expeditiously and preferably by the end of April, 1998. Needless to say that the learned Judge of the Labour Court will permit the parties to tender the evidence oral as well as documentary. The petition is allowed. Rule is made absolute accordingly, with no order as to costs. Direct service is permitted.

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