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LPA/1275/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1275 of 2011
IN
SPECIAL
CIVIL APPLICATION No. 7918 of 2011
WITH
CIVIL
APPLICATION No. 9128 of 2011
IN
LETTERS
PATENT APPEAL No. 1275 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE KS JHAVERI
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
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 ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
BHAVNAGAR
MUNICIPAL CORPORATION - Appellant
Versus
ALAMBHAI
ISMAILBHAI - Respondent
======================================
Appearance
:
MR
HS MUNSHAW for Appellant.
None for
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 05/09/2011
ORAL JUDGMENT
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
We
have heard Mr. H. S. Munshaw, learned counsel appearing for the
appellant.
2. This
Intra-Court Letters Patent Appeal has been filed challenging the
judgment and order dated 29.06.2011 passed by the learned single
Judge in Special Civil Application No.7918 of 2011 and the award of
the Labour Court, Bhavnagar dated 15.11.2010 passed in Reference
(LCB) No.606 of 1989 by which the Labour Court has directed
reinstatement of the respondent workman with continuity of service
with all consequential benefits. The learned Single Judge has found
that the award of the Labour Court was justified in the facts and
circumstances of the case.
3. Learned
counsel Mr. H.S. Munshaw has vehemently urged that the Learned Single
Judge has failed to properly read and appreciate the appointment
orders as the same were time bound. Furthermore, the respondent had
worked only for 63 days and hence, there was no question of producing
any Muster Roll. He further urged that the observations made by the
Learned Single Judge in paragraph 6 of the impugned order are
uncalled for and the same may be expunged.
4. We
are of the view that earlier the Labour Court allowed the reference
by award dated 18.10.2003. The said award was challenged by the
appellant by preferring Special Civil Application No.3290 of 2004.
The Learned Single Judge allowed the said writ petition and remanded
the matter back to the Labour Court for fresh decision. Thereafter,
the Officer of the appellant Corporation did not produce any relevant
additional evidence. Hence, this Court does not find any justifiable
ground to interfere with the impugned judgment and order passed by
the Learned Single Judge as well as the award passed by the Labour
Court. This appeal is devoid of any merits and is accordingly
dismissed.
5. In
view of disposal of appeal, Civil Application also does not survive
and is accordingly dismissed.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[K. S. JHAVERI, J.]
Savariya
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