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SCA/5363/2004 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5363 of 2004
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
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 ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
GADHDA
MUNICIPALITY - Petitioner(s)
Versus
NAGARPALIKA
KARMACHARI SANGH & 1 - Respondent(s)
=========================================
Appearance :
MR
KETAN A DAVE for
Petitioner(s) : 1,
MR DIPAK C RAVAL for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 28/09/2010
ORAL
JUDGMENT
1. By
way of this petition under Article 227 of the Constitution of India,
petitioner has prayed for an appropriate writ, direction or order
quashing and setting aside the judgment and award dated 08.07.2003
passed by the Labour Court, Bhavnagar in Reference (LCB-D) No.1/2000.
2. Shri
Deepak Raval, learned advocate appearing on behalf of the respondent
has stated at the Bar, under instructions from his client, that he
has no objection if the impugned judgment and award is quashed and
set aside and the matter is remanded to the Labour Court for deciding
the same afresh in accordance with law and on merits and reserving
liberty in favour of respective parties to lead the evidence afresh.
Even otherwise, considering the decision of the learned Single Judge
rendered in Special Civil Application No.5758/2004, the matter is to
be remanded to the Labour Court to decide the same afresh in light of
the ratio laid down by the Full Bench of this Court in the case of
Amreli Municipality v.
G.P.M.E. Union reported in 2004(3) GLR 1841.
3. In
view of the above broad consensus between the respective parties and
even considering the decision of the learned Single Judge rendered in
Special Civil Application No.5758/2004, the present petition is
allowed in part. The impugned judgment and award passed by the
Labour Court, Bhavnagar dated 08.07.2003 passed in Reference (LCB-D)
No.1/2000, is hereby quashed and set aside and the matter is remanded
to the Labour Court, Bhavnagar for considering the same afresh,
accordance with law and on merits and with a liberty in favour of the
respective parties to lead evidence afresh and the Labour Court to
consider the same in accordance with law and on merits and in light
of the decision of the Full Bench in the case of Amreli Municipality
(Supra). Considering the fact that the main dispute is pending since
2000, the proceedings before the Labour Court are ordered to be
expedited. Rule is made absolute to the aforesaid extent. No costs.
(M.R.
Shah, J.)
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