High CourtsSingle Bench(2003) 12 GUJ CK 0043

G.P. Karmachari Mandal vs Gee Pee Bulk Handlers Pvt. Ltd. and Another

Gujarat High Court · Decided on 15 December 2003

HON’BLE JUDGES
R.R. Tripathi, J
CASE NUMBER
Special Civil Application No. 12451 of 2001 in Civil Application No. 6320 of 2003

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Judgment

4 paragraphs · 233 words

Ravi R. Tripathi, J.—The present Civil Application is filed for the relief to restrain respondents, their agents, and servants from subletting and/or otherwise disposing of the crane till the payment of the salary and terminal benefits are paid to the workman.

2.

Mr.Jay Amin, learned Advocate for the opponent no.1, makes a statement that pursuant to the order dated 19th July, 2002 passed by this Court (Coram: Akshay H.Mehta, J.) in Special Civil Application No.12451 of 2001 whereby the Court had given the discretion to the Committee to explore the possibility of giving on rent the crane/s owned by the Company as an alternative of the outright sale to generate income, negotiations with the Kandla Port Trust are going on and the same are in final stage.

3.

In view of the above statement, Mr.T.R.Mishra, learned Advocate for the applicant, does not press for prayer in Clause 4(B) at this stage and seeks permission to agitate the same separately. Order accordingly.

4.

In view of that, the present Civil Application is partly allowed with a direction that the opponent no.1 herein shall not effect the outright sale the crane/s and the amount, if any, received by way of rentals of the crane/s shall be kept in a separate account and be disbursed only with express permission of this Court. Rule is made absolute to the aforesaid extent only. No order as to costs.