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LPA/1238/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1238 of 2011
In
SPECIAL
CIVIL APPLICATION No. 7112 of 2011
With
CIVIL
APPLICATION No. 8822 of 2011
In
LETTERS PATENT APPEAL No. 1238 of 2011
=================================================
AHMEDABAD
DISTRICT COOPERATIVE MILK PRODUCERS UNION LIMITED & 1 -
Appellant(s)
Versus
MUKESH
R PATEL - Respondent(s)
=================================================
Appearance :
MR
CHIRAG B PATEL for Appellant(s) : 1 - 2.
None for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 21/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
This
Letters Patent Appeal, filed under Clause 15 of the Letters Patent by
the appellants – original petitioners, challenges the judgment
and order dated 18th
July 2011 passed by the learned Single Judge in Special Civil
Application No.7112 of 2011 vide which the learned Single Judge
rejected the writ petition filed by the petitioners.
Heard
Mr Chirag Patel, learned counsel for the appellants. He has urged
that ‘Doctor’ is not included within the definition of a workman
under the Industrial Disputes Act, 1947 and therefore the Labour
Court has no jurisdiction in the matter. He further submitted the
Labour Court has erred in passing the award.
According
to the learned counsel for the appellants, he has raised this
contention before the learned Single Judge, but the said point was
not dealt with by the learned Single Judge. In this regard, he
wants to file a review application before the learned Single Judge
and wants to withdraw the appeal. Permission is granted.
Appeal
is dismissed as withdrawn with a liberty to the learned counsel for
the appellants to file a review application before the learned Single
Judge.
In
view of the disposal of the main appeal, no order is required to be
passed on the Civil Application for stay and the same stands disposed
of accordingly.
(V.M.
Sahai, J.)
(K.S.Jhaveri,
J.)
*mohd
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