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SCA/9734/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9734 of 2008
=========================================================
NAGINBHAI
BHAVANBHAI TARPADA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
RK MISHRA for
Petitioner(s) : 1,
MR HH PARIKH, AGP for Respondent(s) : 1,
DS
AFF.NOT FILED (N) for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 2 - 3.
MR HS MUNSHAW for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 12/11/2008
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for following
reliefs:
?S(A) Your Lordships
may be pleased to direct the respondent authorities to reinstate the
petitioner on the post of Driver with Public Health Center at
Ghadboriyad-the respondent no.3.
(B) Your Lordships
may be pleaded to hold and declare that the action of the respondent
authority of orally terminating the services of the petitioner
without the principle of natural justice and that too during the
pendency of the representation made by the petitioner as directed by
this Hon’ble Court, is unjust, arbitrary, unconstitutional, illegal
and against the principle of natural justice.
(c) Your Lordships
may be pleased to direct the respondent authority to confirm the
petitioner on the permanent post of Driver with all available
benefits from the date of his appointment and accord him the benefit
of permanency after reinstating him back into the service with all
other consequential benefits as he has never been terminated from the
service.??
2. On
28/7/2008, this Court has issued notice. There is no scope of
reinstatement of the petitioner since number of vehicles are very
less. In that view of the matter, present petition is not
entertained at this stage and is disposed of accordingly. Notice is
discharged with no order as to costs.
3. However,
it is observed that whenever the vehicles are available and vacancies
arise, the case of the petitioner will be considered in accordance
with the provisions of of Section 25(G) and (H) of the Industrial
Disputes Act.
(K.S.JHAVERI,
J.)
(ila)
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