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SCA/10551/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10551 of 2009
=========================================================
CHETNABEN
PRAVINBHAI SHETH - Petitioner(s)
Versus
SANDIPANI
KELAVANI MANDAL & 3 - Respondent(s)
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Appearance :
PARTY
IN PERSON for Petitioner(s) : 1,
MR BAIJU JOSHI for Respondent(s)
: 1,
MS C.M. SHAH AGP for Respondent(s) : 2,
MR AJ SHASTRI for
Respondent(s) : 3,
None for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 13/07/2010
ORAL
ORDER
1. By
way of this petition under Articles 226 & 227 of the Constitution
of India, the petitioner has prayed to quash and set aside the order
dated 05.08.2006 passed by respondent no.1 dismissing the petitioner
from service as also the order passed by the Gujarat Affiliated
Colleges Services Tribunal at Ahmedabad (for short, the Tribunal)
in Application No.37/2006 dated 02.09.2008, whereby, the said
application preferred by the petitioner came to be rejected.
2. The
facts in brief are that the petitioner was given an offer of
appointment as Junior Clerk in the P.T.C. College run by respondent
no.1 vide order dated 18.07.2002 issued by respondent no.1. The said
offer was accepted by the petitioner vide letter dated 25.07.2002. In
connection with some alleged mis-behaviour by the petitioner with the
members of respondent no.1-Trust, Memos were issued to the petitioner
to give explanation as to why her services should not be terminated,
which were replied by the petitioner. However, being dissatisfied
with the reply, respondent no.1 terminated the services of the
petitioner vide order dated 05.08.2006.
3. Against
the said order of dismissal, the petitioner had filed Application
No.37/2006 before the Tribunal. However, the said application was
rejected by the Tribunal vide order dated 02.09.2008. The petitioner,
thereafter, preferred S.C.A. No.1565/2009 before this Court, in the
capacity of party-in-person. However, the same was permitted to be
withdrawn by this Court vide order dated 11.08.2009 with a liberty to
the petitioner to file a fresh petition. Hence, the petitioner has
preferred the present petition.
4. Heard
learned counsel for the respective parties and perused the documents
on record. Against the order of termination dated 05.08.2006, the
petitioner has filed a Reference before the Labour Court, Mehsana,
which is reportedly pending. Thus, when the petitioner has availed of
the remedy of challenging the order of dismissal, by way of filing a
Reference, it is not open to her to challenge the same order, by way
of filing the writ petition before this Court. The petitioner can
file such petition, if, ultimately, any adverse orders are passed
against her in the said pending Reference. In view of the above, this
petition does not deserve to be entertained solely on the ground that
the petitioner has already availed of other remedy.
5. Consequently,
the petition is dismissed. Notice is discharged. It is, however, made
clear that this Court has not entered into the merits of the case and
has not entertained the present petition only on account of the fact
that the petitioner has already availed of the remedy of filing a
Reference before the Labour Court, Mehsana against the impugned order
of termination. The Labour Court, Mehsana is directed to dispose of
the said Reference as expeditiously as possible and preferably within
a period of six months from the date of receipt of writ of this
order.
[K.
S. JHAVERI, J.]
Pravin/*
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