Decided on December 26,2016

Rustom Spinners Limited Appellant
Varsangi Mangaji Thakor Respondents


K.M.Thaker, J. - (1.) In present petition, the petitioner company has placed under challenge award dated 29.8.2006 passed by learned Labour Court, Kalol in Reference (LCK) No.274 of 1993 whereby the learned Labour Court has, having regard to the fact that the industrial establishment of the petitioner company is closed since February 1999, instead of directing the company to reinstate the claimant, directed that the claimant should be paid full salary for the period from the date of termination till the date of closure of the undertaking i.e. 10.2.1999. Feeling aggrieved by the said award and direction, the company has taken out present petition.
(2.) Before proceeding further, it is necessary to mention that while admitting the petition vide order dated 3.2.2009, this Court directed the petitioner company to deposit decreetal amount. The said order dated 3.2.2009 reads thus:- "After hearing Mr. Dave, learned advocate for the petitioner, and Mr. Bhatt, learned advocate for the respondent, it comes out that the award requires further consideration. Hence, Rule. The unit is closed hence, it is necessary to protect the interest of the workman. It is also appropriate to balance the equity and since the petition is being admitted, the direction regarding payment of wages for the period from November, 1992 to February, 1999 is stayed on condition that the petitioner shall deposit the decreetal amount in this Court within a period of 4 weeks from today. The amount so deposited shall be invested in Fixed Deposit in any Nationalized Bank and the accrued interest shall be reinvested and not paid to the petitioner."
(3.) Mr. Dave, learned advocate for the petitioner and Mr. Bhatt, learned advocate for the respondent jointly submitted that in pursuance of and in compliance of the order dated 3.2.2009 the petitioner company has deposited Rs.52,650/- and that upon such deposit the interim order dated 3.2.2009 is complied.;

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