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1996 Supreme(Guj) 216

M.R.CALLA
EMPLOYEES STATE INSURANCE CORPORATION – Appellant
Versus
NATVARLAL AMRUTLAL SHAH – Respondent


Advocates Appeared: D.A.Bhambhania, D.Y.MANKAD, T.R.MISHRA

M. R. CALLA, J.

( 1 ) IS Special Civil Application is directed against an order dated 16-5-1994 passed by the Labour Court at Ahmedabad in Recovery Application no. 2082 of 1990 whereby the claim of the present respondent Natvarlal Amrutlal shah was allowed with the direction to the E. S. I. Corporation to pay a sum of rs. 2,06,068/- to him as overtime duties for the period from July 1973 to 7-8- 1986 in respect of which the recovery application was filed on 17-8-1990.

( 2 ) ON 30-3-1995 while issuing the Rule in this matter ad-interim relief in terms of para 12 (C) (1) was granted by the Court on the condition that the petitioner shall deposit an amount of Rs. 2,06,068. 00 as directed by the Labour Court, Ahmedabad in this Court within six weeks.

( 3 ) CIVIL Application No. 2534 of 1995 has been moved by the present respondent on 26-9-1995 for vacating ad-interim relief and for direction to withdraw the amount deposited by the E. S. I. Corporation in pursuance of the order dated 30-3-1995 as aforesaid. When the matter came up before the Court on 20-3-1996, it was submitted by Mr. Mishra that other identical matters had already been decided by this Court and it was submitted by Mr. S











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