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Judgment
A.L. Dave, J.—Leave to amend and delete respondent No. 3 from the cause-title of the petition. Amendment to be carried out forthwith.
Rule. Learned A.G.P. Mr. Rindani waives service of notice of rule for the respondents. Having regard to the facts of the case and at the request of the learned Counsel for the parties, the matter is taken-up for final disposal today.
The petitioner has approached this Court for implementation of the order passed by the Industrial Tribunal, Nadiad in Reference (ITN) 725/1998 (Old Refeference (ITN) 39/1997), on 3.2.1999, as the respondents have not implemented the said order.
Heard learned advocate Mr. Mehta for the petitioner and learned A.G.P. Mr. Rindani for the respondents.
It was pointed out to Mr. Mehta that the order of the Tribunal is clear and there is an alternative remedy for its implementation. In response thereto, he has drawn the attention of this Court towards the judgment rendered by this Court in Special Civil Application No. 9927/2002, on 13.01.2006, in respect of the similarly situated persons, where this Court, after considering various judgments, directed implementation of Award passed in Reference No. 725 of 1998 dated 3rd February, 1999, in favour of the petitioners therein and against the respondents, who were respondents herein also.
The present case is, therefore, squarely covered by the above-said judgment of this Court and, therefore, this petition is finally disposed of with a direction to the respondent-authorities to implement the Award passed by the Industrial Tribunal, Nadiad, in Reference (ITN) 725/1998 (Old Ref. (ITN) 39/97, on 3.2.1999 and to grant the benefits of arrears and difference of salary to the petitioner within a period of four months from the date of receipt of writ of this order. The petition is accordingly allowed. Rule is made absolute. No costs.
