Gujarat High Court High Court

Kachchh vs Rambhai on 21 June, 2011

Gujarat High Court
Kachchh vs Rambhai on 21 June, 2011
Author: V. M. G.B.Shah,
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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LPA/878/2011	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

LETTERS
PATENT APPEAL No. 878 of 2011
 

IN


 

SPECIAL
CIVIL APPLICATION No. 10143 of 2010
 

WITH


 

CIVIL
APPLICATION No. 6136 of 2011
 

IN


 

LETTERS
PATENT APPEAL No. 878 of 2011
 

 
======================================
 

KACHCHH
DISTRICT PANCHAYAT THRO. DY EXECUTIVE ENGINEER & 1 - Appellants
 

Versus
 

RAMBHAI
MEGHRAJ GADHVI - Respondent
 

====================================== 
Appearance
: 
MR
HS MUNSHAW for Appellants. 
None for
Respondent. 
======================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE V. M. SAHAI
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE G.B.SHAH
		
	

 

 
 


 

Date
: 21/06/2011 
COMMON ORAL ORDER

(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)

Learned
counsel for the appellant has urged that the respondent was
appointed on contract basis and the appointment letters were filed
before the Labour Court. But they have not been considered in true
perspective. The case was covered by the provisions of Section 2
(oo) (bb) of the Industrial Disputes Act, 1947. The Learned Single
Judge has not assigned any reason or dealt with the arguments of
learned counsel of the appellant and has only said that he is
agreeing with the reasoning given by the Labour Court.

In
view of these facts, since the respondent was appointed on contract
basis, the appellant is entitled for interim order. Hence, ADMIT.

ORDER
IN CIVIL APPLICATION NO.6136 of 2011

Until
further orders, the effect and operation of the judgment dated
27.08.2010 passed by the Learned Single Judge in Special Civil
Application No.10143 of 2010 and the award dated 20.11.2009 of the
Labour Court, Bhuj – Kachchh in Reference (LCB) No.27 of 2004
shall remain stayed.

Sd/-

[V. M. SAHAI, J.]

Sd/-

[G. B. SHAH, J.]

Savariya

   

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