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2010 Supreme(Guj) 19

BANKIM N.MEHTA, BHAGWATI PRASAD
GUJARAT MAZDOOR PANCHAYAT – Appellant
Versus
INDIAN AIRLINES LIMITED – Respondent


Advocates Appeared:
Mr. Mukul Sinha for the Appellant Mr. Mihir Joshi, Senior Advocate assisted by Mr. Vimal Patel for the respondent

JUDGMENT

MR. BHAGWATI PRASAD, J. -- The present Letters Patent Appeal has been filed by the Gujarat Mazdoor Panchayat being aggrieved by the decision of the Single Judge of this Court in Special Civil Application No.298 of 2003 whereby the learned Single Judge of this Court has set aside the judgment and award dated 26th August 2002 passed by the Central Industrial Tribunal, Ahmedabad in Reference (ITC) No.65 of 1998 and Reference (IC) No.125 of 1999 and subsequent order dated 5th March 2003 in Misc. Civil Application No.2 of 2002 in Reference No.65 of 1998 and 125 of 1999 have been quashed and set aside. While making the aforesaid order, the learned Single Judge has observed that the Tribunal, while passing the orders in question, has not appreciated the economic constraints pressed into service by the petitioner before it in ordering the regularisation of the appellant-workmen.

2. The learned Single Judge has observed that the company being a government company, it was under obligation to carry out the instructions and directives issued by the Government of India from time to time. The Government of India had accepted the recommendations of Kelkar Committee, which had observed t



































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