Gujarat Court February 1989 Judgments
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Sanghvi and Company Vs. Bipinchandra Bhallal Doshi
Court: Gujarat
Decided on: Feb-15-1989
Reported in: (1989)1GLR533; (1994)IIILLJ179Guj
Majmudar, J.1. In this petition under Article 227 of the Constitution, the petitioner-firm has brought in challenge the award of reinstatement and back wages passed by the Presiding Officer of the Labour Court, Rajkot on 21-7-1986, Annexure 'A'. The respondent-workman had raised an industrial dispute to the effect that he was illegally terminated from service by the petitioner-Company. He, therefore claimed reinstatement with full back wages and continuity of service. It is not in dispute that the respondent-workman was working as a Clerk with the petitioner-Transport Company in Surendranagar at the relevant time. In March 1981 his services were dispensed with. His contention was that the petitioner-employer had not followed the provisions of Section 25-F of the Industrial Disputes Act and, therefore, the retrenchment was illegal. The workman raised this dispute and went to the Conciliator. The conciliation proceedings failed and, therefore, the appropriate Government made a reference ...
Urvish Ratilal Gandhi Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-14-1989
Reported in: 1990CriLJ1926; (1989)2GLR569
P.R. Gokulakrishnan, C.J.1. This Letters Patent Appeal is against the order passed by the learned single Judge in special civil application No. 78 of 1988. The appellant herein has prayed in the special civil application for issue of a writ of mandamus or any other suitable writ to hold that the respondent No. 2 Collector has no power, authority or jurisdiction to propound a Scheme of exemption as per Annexures 'C' and 'F' collectively and for further order to quash the said administrative and executive orders or directions. There is a further prayer in the special civil application to the effect that necessary orders or directions should be issued to the respondents, directing them to launch prosecution against the fair price rationing shop owners as well as other persons, who surrendered bogus rationing cards under the propounded Scheme of respondent No. 2-Collector as per Annexures 'C' and 'F' collectively. There is yet another prayer to the effect that a writ of mandamus or any oth...
Shankerlal Ramjibhai Dabhi Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-14-1989
Reported in: (1989)2GLR1041
R.C. Mankad, J.1. Petitioner, a Sales Tax Inspector, has filed this petition challenging the decision of the Government of Gujarat ('State Government' for short) not to promote him to the post of Sales Tax Officer.2. Petitioner joined the services of the Sales Tax Department of the State Government as Clerk on July 5, 1956 He was promoted to the post of Sales Tax Inspector on June 1, 1966. Petitioner was allowed to cross efficiency bar in the pay scale applicable to Sales Tax Inspector on January 15, 1982 and he passed the Departmental Examination in December 1983. Petitioner's case is that on passing the Departmental Examination he became eligible for promotion to the post of Sales Tax Officer. The petitioner has alleged that there was not complaint against him for his work or conduct nor was any adverse remark made in his Confidential Report (C.R. for short). He was included in the panel of Sales Tax Inspectors eligible for promotion to the post of Sales Tax Officer and his name was ...
Divya Ben D. Oza Vs. Divisional Controller, State Road Transport Corpo ...
Court: Gujarat
Decided on: Feb-13-1989
Reported in: (1989)2GLR967
1. The petitioner is a widow of the deceased employee of the respondent - S. T. Corporation who died while in service. The petitioner claims that one of her two sons who were minor at the time of death of her husband should be given appointment to a suitable post on compassionate ground. The petitioner's husband died on 26th May 1978. At that time, both of her sons were minor, having been born on 30th July 1962 and 24th November 1968. 2. The general Standing Order No. 659 of 1979 provides for such appointment to the adult dependent of the deceased employee who dies while in service. By another Standing Order No. 658 of 1979, it is provided that such appointment be given only within one year of the death of the employee and it is further clarified that these instructions were applicable to Class III and IV employees and it was stated that such benefit of compassionate appointment should be given only within one year from the date of death in case of minor dependents. On behalf of the re...
Kamlaben Wd/O. Govindlal Harilal Sheth Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-13-1989
Reported in: (1989)2GLR1068
R.C. Mankad, J.1. These petitions are filed by and on behalf of widows of retired Government servants claiming family pension under Resolution No. FPS-1077-2485-P dated October 17, 1977 of Government of Gujarat in Finance Department read with Resolution No. FPS-1071-J dated January 1, 1972 of Government of Gujarat in Finance Department.2. Special Civil Application No. 969 of 1988 is filed by Gujarat Pensioner Samaj, an Association of Gujarat State Government Pensioners and widows or spouses of retired Gujarat State Government servants, who have died. This petition has been filed in representative capacity on behalf of widows or spouses and dependants of retired Gujarat State Government servants and other retired persons who are similarly situated, who have died. Petitioner No. 2 - Indumatiben's husband retired from Government service on March 4, 1944 and expired on April 1, 1957. He was, before he retired. Head Accountant in Government Treasury at Kheda and after his retirement he rece...
Babubhai Mahmandbhai Shaikh Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-10-1989
Reported in: 1990CriLJ653; (1989)1GLR574
P.R. Gokulakrishnan, C.J.1. This special criminal application is to quash the externrnent notice and consequent orders of externrnent, and in appeal which are at Annexures 'A', 'B' and 'C' to the special criminal application. The petitioner herein was externed from Ahmedabad City (Rural) Area, Gandhinagar, Kaira and Mehsana Districts, by the externrnent order dated 4th August, 1988, for a period of two years. The said order was confirmed in appeal, by the State Government in its Home Department. It is as against these orders, the present Special Criminal Application has been filed.2, Show cause notice was issued under Section 59 of the Bombay Police Act by the Police Superintendent, (J) Division, Ahmedabad City, directing the petitioner to show cause against the allegations on 1-7-1987 at 16.30 hours. The notice further states that the authority concerned will be hearing the petitioner and his witnesses on the said date. In the show cause notice the following allegations were made: -'I...
Kumkum Prakasham Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Feb-09-1989
Reported in: AIR1990Guj12; (1989)2GLR1109
P.R. Gokulakrishnan, C.J.1. All the respective counsels waive service of notice on behalf of the respective parties. 2. All the learned counsels appearing for the respective parties in this letters patent appeal have agreed to dispose of this appeal finally and hence arguments were heard.3. The main special civil application No. 6921 of 1988 was filed by the appellant herein praying to quash and set aside the selection of books by the selection committee and awarding the contracts to respondent numbers 3 to 8 for the supply of children's books worth about Rs. 46 lacs under the Operation Blackboard Scheme. Apart from other things, the main allegation in the petition is that one Vimuben Badheka included in the committee was interested in the selection of the books of her father-in-law put up in the tender of Gurjar Sahitya Bhavan; that those books have been selected; and that the selection of the books by the selection committee is vitiated and violative of the principles of natural just...
Ramanlal Premchand Shah Vs. Indumati Bhagwandas
Court: Gujarat
Decided on: Feb-08-1989
Reported in: AIR1990Guj1; (1989)1GLR686
ORDER1. At the request and with the consent of the parties, both these revision applications are ordered to be heard together and are being disposed of by a common judgment and order.2. Both these revision applications arise out of an order passed by the executing Court in Special Execution Applications No. 10 of 1980 and 50 of 1980. It appears that the judgment creditor(s) in furtherance of the execution of the decree obtained by them got the sale proclamation issued, in respect of the land belonging to the judgment-debtor but the auction sale was adjourned. Since it was adjourned for a period of more than 30 days it was contended that in view of the provisions of Order XXI, Rule 69 of the Civil Procedure Code fresh sale proclamations should be issued. It was inter alia contended that the price of the land sought to be sold in execution at present would be about Rs. 80.00 lacs while the estimated price shown in the sale proclamations earlier issued was around Rs. 20.00 lacs. From the ...
A.D. AmIn Vs. Union of India, New Delhi and anr.
Court: Gujarat
Decided on: Feb-08-1989
Reported in: AIR1990Guj167; (1989)2GLR856
Gokulakrishnan, C.J.1. This Letters Patent Appeal is against the order passed by the learned single Judge summarily rejecting the Special Civil Application filed by the appellant herein. The appellant was granted recognition as Travel Agent for Regional Passport Office, Bombay. By the letter dated 31st December, 1964, the appellant was informed by the Regional Passport Officer, Bombay that the recognition already accorded to him for dealing with the Regional Passport Office Bombay in matters relating to passport facilities of the appellants clients has been extended by the Government of India until further orders. In 1979, the appellant was called upon to renew his recognition. Since he has not put in any application for renewal, his agency was terminated on 27-7-1979. A Special Civil Application came to be filed and subsequently, on 27-7-1979, the order of termination of the agency was cancelled by the authorities concerned. On 1-10-1986, a new policy was enunciated by the Government ...
Natvarlal Khodidas Parmar Vs. District Panchayat, Jamnagar
Court: Gujarat
Decided on: Feb-08-1989
Reported in: AIR1990Guj142; (1989)2GLR909
ORDER1. The petitioner is serving as Talati-cum-Mantri and his services have been suspended by order dated May 11, 1988 by the Deputy District Development Officer, Jamnagar. The petitioner challenged the legality and validity of the order of suspension by filing suit in the Court of Civil Judge, Junior Division, and Jamnagar. The trial Court granted interim relief staying the operation and further implementation of order of suspension, as prayed for in the application Exh. 5 against which the opponent original defendant filed civil miscellaneous appeal in the Court of District Judge, Jamnagar. The learned District Judge, who heard the appeal, reversed the order passed by the trial Court below Exh. 5. While deciding the appeal the learned District Judge also decided the contention regarding the jurisdiction of the Court of Civil Judge, Junior Division, to entertain the aforesaid suit.2. It was contended by the learned Counsel appearing for the respondent-District Panchayat that the Cour...
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