Gujarat High Court Case Information System Print 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
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.
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.
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.
is dismissed as withdrawn with a liberty to the learned counsel for
the appellants to file a review application before the learned Single
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