LAWS(GJH)-2010-4-203

EXECUTIVE ENGINEER Vs. AYUBBHAI LADHARBHAI

Decided On April 27, 2010
EXECUTIVE ENGINEER Appellant
V/S
AYUBBHAI LADHARBHAI Respondents

JUDGEMENT

(1.) All the appeals are preferred from the common order dated 23.07.2007 of learned Single Judge of this Court whereby Civil Applications of the respondents were allowed with the direction to pay last drawn wages to them from the date of filing of the petitions and the petitions were also ordered to be fixed for final hearing, by joint request of the parties, on 26.07.2007.

(2.) There is no dispute about the facts that the respondents are ordered to be reinstated in their service by awards of the Labour Court which are under challenge by the appellant herein and their petitions are pending. It was also conceded that for one or the other reason, the petitions were not heard on the agreed date i.e. 26.07.2007 and they are not heard even as on today. While the impugned order is made under Section 17-B of the Industrial Disputes Act, 1947 (for short 'the Act'), the present appeals are filed under Clause 15 of the Letters Patent. It was also fairly conceded at the Bar that the respondents are already paid their arrears and are being paid the last drawn salary in terms of the impugned order.

(3.) It was further agreed that the parties were ready and willing to have the main petitions finally heard and disposed at the earliest practicable opportunity and a request to learned Single Judge to take up the pending petitions on 5th May, 2010 would help.