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2004 Supreme(Guj) 732

D.H.WAGHELA, M.S.SHAH
NETLON INDIA – Appellant
Versus
BIPIN V. PATEL – Respondent


Advocates Appeared: N.K.MAJMUDAR, N.R.SAHANI

D. H. WAGHELA, J.

( 1 ) INVOKING clause 15 of the Letters Patent, this appeal is preferred from the order of the learned single Judge whereby the petition of the respondent herein has been admitted and interim relief, in effect, of restraining the appellants from altering the conditions of service of the respondent is granted after hearing the parties. The respondent prayed for quashing the order of the Labour Court refusing interim relief while the application of the respondent under Section 33a of the industrial Disputes Act, 1947 ( for short "the Act") was pending. Although that petition was styled as one under articles 226 and 227 of the Constitution, the main prayers were to call for the record and proceedings of the complaint of the respondent pending in the Labour court and to quash the interim order refusing to grant interim relief in favour of the respondent-workman. Therefore, if we were inclined to accept the first submission of the appellants that the petition of the respondent was maintainable only under Article 227 and the learned Single Judge ought not to have interfered in exercise of limited jurisdiction of the Court, this appeal would not have been maintainable. Ho













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