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SCA/1393/2010 2/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1393 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
LAXMI
CO OPERATIVE BANK EMPLOYEES UNION - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
MR
PRABHAKAR UPADYAY for
Petitioner(s) : 1,
MR PRANAV DAVE, ASSTT. GOVERNMENT PLEADER for
Respondent(s) : 1, 3,
NOTICE SERVED for Respondent(s) : 1 - 3.
MR
DILIP B RANA for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 13/08/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 226 of the Constitution of India,
petitioner Laxmi Co-operative Bank Employees Union has prayed for an
appropriate writ, direction or order directing the respondents to
make payment of legal dues to the employees of the Laxmi Co-operative
Bank as shown in the chart at Annexure Q to the petition.
2. Shri
Prabhakar Upadhyay, learned advocate appearing on behalf of the
petitioner has submitted that as such the controversy raised in the
petition with respect to priority is at large before the Division
Bench of this Court in Letters Patent Appeal No.906/2010 and other
cognate Letter Patent Appeals. Therefore, it is submitted to dispose
of the present Special Civil Application reserving the liberty in
favour of the petitioner to approach the appropriate authority
subsequently after the decision of the Division Bench of this Court
in Letters Patent Appeal No.906/2010 and other allied Letter Patent
Appeals, with a request to grant similar benefit to the petitioner on
the basis of the judgment of the Division Bench that may be delivered
in the aforesaid Letters Patent Appeal No.906/2010 and other allied
Letter Patent Appeals.
Shri
Dilip Rana, learned advocate appearing on behalf of the Liquidator of
the Bank has submitted that as such all the employees of the Laxmi
Co-operative Bank are already paid their entire dues and petitioner
Union and the respective employees are asking for the amount more
than which was required to be paid. With respect to the above, this
Court has not expressed any opinion on merits and as and when
subsequently the petitioner Union approaches the appropriate
Authority, the same may be considered and taken care of.
3. In
view of the above, present Special Civil Application is disposed of
with a liberty in favour of the petitioner to approach the
appropriate authority subsequently on the basis of the decision that
may be rendered by the Division Bench in Letters Patent Appeal
No.906/2010 and other allied matters and as & when such
representation / application is made, subsequently, the same may be
considered in accordance with law and on merits and in light of the
decision that may be rendered by the Division Bench in aforesaid
Letters Patent Appeal No.906/2010 and other allied matters. The
question with respect to entitlement of the amount by respective
employees as per the statement Annexure Q, is also kept open for
which this Court has not expressed any opinion.
4. With
this, present Special Civil Application is disposed of.
(M.R.
Shah, J.)
*menon
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