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LPA/896/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 896 of 2011
In
SPECIAL
CIVIL APPLICATION No. 5620 of 2011
With
CIVIL
APPLICATION No. 6743 of 2011
In
LETTERS PATENT APPEAL No. 896 of 2011
=================================================
KUTCHH
DISTRICT PANCHAYAT - Appellant(s)
Versus
JEETUBHA
KHANSANGJI JADEJA - Respondent(s)
=================================================
Appearance
:
MR HS MUNSHAW for Appellant(s)
: 1,
None for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 24/06/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
Admit.
Civil
Application No. 6743 of 2011
1. Learned
counsel for the appellant has urged that the respondent did not work
for 240 days in the preceding one year or even in earlier years he
never worked for 240 days in a calendar year. The appointment was
made during monsoon season due to exigencies of work. The Labour
Court as well as the learned Single Judge has committed error in
granting reinstatement without backwages. The appointment of the
respondent was also not made by following Rules and therefore, his
appointment is de hors
the Rules. In view of the aforesaid facts, the appellant is entitled
to interim relief.
2. NOTICE
returnable on 26.7.2011. Until further orders, operation and
implementation of the judgment dated 4.5.2011 passed by the learned
Single Judge in Special Civil Application No.5620 of 2011 as well as
the Award dated 31.8.2010 passed by the Labour Court at Bhuj in
Reference (LCB) No.78 of 2003 shall remain stayed.
[V
M SAHAI, J.]
[G
B SHAH, J.]
msp
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