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2003 Supreme(Guj) 277

Gujarat High Court
Judgename :J.N.Bhatt, K.A.Puj
HALVAD NAGARPALIKA - Appellant
Versus
JANI DIPAKBHAI CHANDRAVADANBHAI - Respondent
L.P.A. 1202 of 2002
Decided On : 05/08/2003

Advocates Appeared: A.G.VYAS, K.R.KOSHTI, MANISHA LAV KUMAR SHAH, TEJAS D.KARIA

Headnote:

Civil Application – Special Civil Applications is in respect of same subject matter and hence they are being disposed of by this common Judgment Letters Patent Appeals are arising out of common judgment and order passed by learned Single Judge appellants in all these Letters Patent Appeals and its Chief Officer –Original-respondents in Special Civil Application – Letters Patent Appeals and this Court has admitted said appeals and stayed order of learned Single Judge order regarding interim relief in nature of staying order of learned Single Judge was passed in Civil Applications – Letters Patent Appeal and Civil Applications had come up for hearing before Division Bench comprising of Mr. Justice Mr. Justice order regarding admission was passed and matters were ordered to be heard along with Letters Patent Appeals – Civil Applications were also ordered to be heard along with main Letters Patent Appeals – Held, Learned advocates as well as learned AGP appearing for respective parties also gone through record and proceedings of all these Letters Patent Appeals as well as Special Civil Applications, and we have also considered authorities relied upon by respective parties regard to facts and circumstances of case and looking to entire factual profile of matter in light of settled legal position propounded before us, we are of learned Single Judge is not right in giving directions to appellant to reinstate daily-waged employees in their respective positions giving liberty to appellant to retrench them after following due procedure as laid down under Section 25f of Industrial Disputes Act – Labour Court is not justified in allowing Reference and directing that concerned worker should be made permanent with effect and they should be given all benefits as permanent employees – Labour Court has exceeded its jurisdiction while giving directions with regard to persons for whom there was no Reference to effect that they should also be given benefits of permanent employees as per seniority as and when there would be vacancies and they should also be given all benefits – Application is rejected.

K. A. PUJ, J.

( 1 ) THIS group of five Letters Patent Appeals and two Special Civil Applications is in respect of same subject matter and hence they are being disposed of by this common Judgment. All these Letters Patent Appeals are arising out of the common judgment and order passed by the learned Single Judge on 25-1-2001. The appellants No. 1 and 2, in all these Letters Patent Appeals, are Halvad Nagarpalika and its Chief Officer, who were the original-respondents in the Special Civil Applications. Letters Patent Appeals No. 99 to 101 of 2003 had come up for hearing on 1-4-2003, and this Court has admitted the said appeals and stayed the order of the learned Single Judge. The order regarding interim relief in the nature of staying the order of learned Single Judge was passed in Civil Applications No. 7569, 7647 and 7567 of 2002. Letters Patent Appeal No. 1202 and 1203 of 2002 and Civil Applications No. 27 of 2003 as well as 7568 of 2002 had come up for hearing before the Division Bench, comprising of Honble Mr. Justice B. J. Shethna and Honble Mr. Justice A. L. Dave, on 2-4-2003 and the order regarding admission was passed and matters were ordered to be heard along with Letters Patent Appeals No. 99, 100 and 101 of 2003. The Civil Applications were also ordered to be heard along with the main Letters Patent Appeals. That is how these two Letters Patent Appeals are also placed before us for final disposal. As far as Special Civil Applications No. 9130 and 9547 of 2002 are concerned, they were placed for hearing before the learned Single Judge on 5-2-2003 and the learned Single Judge [coram: Ravi R. Tripathi, J. ] has thought it fit to place the said two matters before the Division Bench for hearing as the Division Bench was seized with the Letters Patent Appeals. That is how these two Special Civil Applications are also placed before us for final disposal.

( 2 ) AS far as the Letters Patent Appeals No. 1202 and 1203 of 2002 as well as Letters Patent Appeals No. 99, 100 and 101 of 2003 are concerned, the appellants, namely Halvad Nagarpalika and its Chief Officer have challenged the order of the learned Single Judge of this Court passed on 25. 1. 2001 directing the present appellants to reinstate forthwith the petitioners in their respective petitions, as daily wagers keeping the option open for the present appellants to take necessary steps for retrenchment of the said petitioners who are respondents in the present appeals in accordance with law. It was also recorded by the learned Single Judge that these respondents who were the original-petitioners waived their right to receive monetary benefits for the period commencing from their termination till the date of the judgment of the learned Single Judge.

( 3 ) AS far as Special Civil Applications No. 9130 of 2002 and 9547 of 2002 are concerned the former is filed by the Nagarpalika and the latter is filed by the daily wagers. The petitioners in S. C. A. No. 9130 of 2002 have prayed for quashing and setting aside of the order dated 10-1-2002 passed by the Presiding Officer, Labour Court, Surendranagar in Reference (LCD) No. 6 of 2001. Petitioners in S. C. A. No. 9547 of 2002 have prayed for directing not to make any change in their service conditions.

( 4 ) IN all these Letters Patent Appeals, the case of the appellant Nagarpalika is that the respondents were daily wagers who were working as Class III and Class IV workmen under the appellant Nagarpalika and on an apprehension of termination of their service, they had filed the Special Civil Applications before this Court and sought the relief against the Nagarpalika that their services would not be terminated without following due process of law. During the pendency of these petitions before the learned Single Judge, the petitioners were relieved from service and hence they have moved an amendment making a prayer for reinstatement in the service. These petitions were allowed by the learned Single Judge on 25-1-2001 by common ju























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