Federation of Gujarat Petroleum Dealers Association and 2 ors. Vs. State of Gujarat and 11 ors. - Court Judgment

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Subject	Civil
Court	Gujarat High Court
Decided On	Feb-20-2006
Case Number	Special Civil Application Nos. 8116, 8117 and 8118 of 2005
Judge	K.M. Mehta, J.
Reported in	(2006)2GLR1432
Acts	Gujarat Town Planning and Urban Development Act, 1976 - Sections 9, 12, 13, 14, 16, 17, 17B, 17(1), 32, 32F, 32I, 32O, 32P, 32U, 43ID, 64, 88E and 118; Gujarat Town Planning and Urban Development Rules; Petroleum Act, 1934; Indian Explosives Act, 1884; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 6, 43, 48, 63 and 63AA; Customs Act - Sections 129A; Imports and Exports (Control) Act; Environment (Protection) Act, 1986; Urban Land Ceiling and Regulation Act, 1979 - Sections 2; Bombay Land Revenue Code - Sections 48, 48(2), 61, 65, 65A, 65B, 65B(1), 65B(4), 65B(5), 65D, 65(1) and 67A; Gujarat Town Planning and Urban Development (Amendment) Act, 1997; Urban Development Rules; Gujarat Land Revenue Rules, 1972 - Rules 87, 87A to 87C and 100A; Gujarat Land Revenue (Amend
Appellant	Federation of Gujarat Petroleum Dealers Association and 2 ors.
Respondent	State of Gujarat and 11 ors.
Appellant Advocate	Harin P. Raval, Adv. for Petitioner Nos. 1-3
Respondent Advocate	A.D. Oza, G.P. and; L.R. Poojari, AGP for Respondent Nos. 1, 2, 4 and 5,;

Excerpt:
.....to be examined whether the person was fully integrated into the employers concern or has remained apart from and independent of it. the other facts which may be relevant are as to who has the power to select and dismiss, to pay remuneration, to organize the work, etc. a full time worker usually works in a week for 40 hours or more depending on the award or agreement. if a person falls under the definition of workman under section 2(s) and does not fall in any excluded category, he will be covered by the definition of workman under the i.d. act, and he will be entitled to all the benefits under the said act. a perusal of section 2(s) indicates that it does not specifically refer to a part-time workman nor does it specifically exclude a part-time workman from the definition of.....order in sca nos. 8117 of 2005 & 8118 of 2005.33. though all the three matters are heard together, as far as main judgment is concerned, i have considered the facts of special civil application no. 8116 of 2005 and i have given detailed reasons and disposed of the said matter. the other two matters i.e. special civil application nos. 8117 & 8118 of 2005 are also identical and raising same challenge. in view of the reasonings and conclusion in the main judgment, these two petitions i.e. special civil application no. 8117 of 2005 and 8118 of 2005 are also disposed of accordingly. rule is discharged to the aforesaid extent in both the petition with no order as to costs.

Judgment:
ORDER

IN SCA Nos. 8117 of 2005 & 8118 of 2005.

33. Though all the three matters are heard together, as far as main judgment is concerned, I have considered the facts of Special Civil Application No. 8116 of 2005 and I have given detailed reasons and disposed of the said matter. The other two matters i.e. Special Civil Application Nos. 8117 & 8118 of 2005 are also identical and raising same challenge. In view of the reasonings and conclusion in the main judgment, these two petitions i.e. Special Civil Application No. 8117 of 2005 and 8118 of 2005 are also disposed of accordingly. Rule is discharged to the aforesaid extent in both the petition with no order as to costs.