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SCA/2979/2004 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2979 of 2004
With
SPECIAL
CIVIL APPLICATION No. 2984 of 2004
======================================
MUNICIPAL
AND PANCHAYAT EMPLOYEES' UNION - Petitioner
Versus
KADI
NAGARPALIKA - Respondent
======================================
Appearance :
MRS
DT SHAH for the Petitioner.
MR DIPAK R DAVE for the
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/09/2010
ORAL
ORDER
1. Both
these petitions are filed by common petitioner Municipal and
Panchayat Employees’ Union to quash and set aside the impugned
judgement and award dated 25/09/2002 passed by Industrial Tribunal,
Ahmedabad in Reference (IT) No.48 of 1995 as well as impugned
judgement and award dated 20/08/2002 passed by Industrial Tribunal,
Ahmedabad in Reference (IT) No.189 of 1993 in so far as rejecting
some of the claims of the petitioner Union.
2. It
is reported that against very impugned judgement and award, the
respondent Kadi Nagarpalika also preferred two petitions being
Special Civil Application Nos.4394 of 2004 and 4559 of 2004. It is
reported that both the aforesaid Special Civil Applications are
allowed by Learned Single Judge of this Court (Coram: K.S.Jhaveri,J)
by common order dated 07/07/2010 and, therefore, the aforesaid
petitions are remanded to the concerned Labour Court and impugned
judgement and award passed by concerned Labour Court in each of the
petitions are quashed and set aside and the concerned Labour Court
are directed to re-examine the evidence in each matter afresh keeping
in mind the ratio laid down by this Court in the case of Amreli
Municipality v. Gujarat Pradesh Municipal Employees Union reported
in 2004(2) GLH 692.
3. In
view of the above, no further order is required to be passed except
making Rule is made absolute in view of the order passed in aforesaid
two petitions and remanding the matter to the Labour Court for
deciding the matter afresh as directed by this Court in Special Civil
Application No.4394 of 2004 and 4559 of 2004. Both these petitions
are disposed of accordingly. No costs.
[M.R.SHAH,J]
*dipti
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