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LPA/878/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 878 of 2011
IN
SPECIAL
CIVIL APPLICATION No. 10143 of 2010
WITH
CIVIL
APPLICATION No. 6136 of 2011
IN
LETTERS
PATENT APPEAL No. 878 of 2011
======================================
KACHCHH
DISTRICT PANCHAYAT THRO. DY EXECUTIVE ENGINEER & 1 - Appellants
Versus
RAMBHAI
MEGHRAJ GADHVI - Respondent
======================================
Appearance
:
MR
HS MUNSHAW for Appellants.
None for
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 21/06/2011
COMMON ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
Learned
counsel for the appellant has urged that the respondent was
appointed on contract basis and the appointment letters were filed
before the Labour Court. But they have not been considered in true
perspective. The case was covered by the provisions of Section 2
(oo) (bb) of the Industrial Disputes Act, 1947. The Learned Single
Judge has not assigned any reason or dealt with the arguments of
learned counsel of the appellant and has only said that he is
agreeing with the reasoning given by the Labour Court.
In
view of these facts, since the respondent was appointed on contract
basis, the appellant is entitled for interim order. Hence, ADMIT.
ORDER
IN CIVIL APPLICATION NO.6136 of 2011
Until
further orders, the effect and operation of the judgment dated
27.08.2010 passed by the Learned Single Judge in Special Civil
Application No.10143 of 2010 and the award dated 20.11.2009 of the
Labour Court, Bhuj – Kachchh in Reference (LCB) No.27 of 2004
shall remain stayed.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[G. B. SHAH, J.]
Savariya
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