IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL No 430 of 2003
with
CIVIL APPLICATION NO 3031 of 2003
in
SPECIAL CIVIL APPLICATION No 8971 of 2002
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GANGABHAI KISABHAI KHODIYATAR
Versus
STATE OF GUJARAT
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Appearance:
1. LETTERS PATENT APPEAL No. 430 of 2003
MR JT TRIVEDI for Appellant No.
MR BJ TRIVEDI for Appellant No.
MS JIGNASA B TRIVEDI for Appellant No.
.......... for Respondent No. 1
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CORAM : ACTING CHIEF JUSTICE MR.JN BHATT
and
MR.JUSTICE K.A.PUJ
Date of Order: 02/05/2003
ORAL ORDER
(Per : ACTING CHIEF JUSTICE MR.JN BHATT)
1.The challenge is against the order of the learned
Single Judge dated 17-03-2003 in Special Civil
Application No.8971 of 2002, whereby the award of the
Labour Court in Reference (LCS) No.100 of 2002 came to be
quashed and set aside, on the ground that the Department
has not engaged any new daily wager or any temporary
driver to dispense with the services of the
appellant-workman.
2.Reliance is placed on the decision of this Court
in Navsari District Panchayat & Another v. Sumanbhai
Morarbhai Patel & Anr. [2003(1) GLR 5]. We have gone
through the said decision, and in our opinion, the said
decision is not attracted to the factual profile emerging
from the record of the present case. When the learned
Single Judge has reached to a conclusion on the aforesaid
grounds and premises, we find that the impugned order
cannot be said, in any way, unjust, unreasonable or
perverse, requiring our interference. Therefore, the
Letters Patent Appeal, by invocation of Clause 15 of the
Letters Patent, shall stand dismissed at the threshold.
The Civil Application shall accordingly stand dismissed.
(J.N. BHATT, ACTING C.J.)
(K.A. PUJ, J.)
[SNDEVU]
P.S.