Gujarat Court November 2000 Judgments
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Pravinbhai Ganeshbhai Chaudhary Vs. Neutral Glass and Alied Industired ...
Court: Gujarat
Decided on: Nov-09-2000
Reported in: (2001)4GLR3481
M.S. Shah, J.1. In this Revision Application under Section 401 of the Criminal Procedure Code, the petitioner, an ex-employee of the respondent-Company, has challenged the order passed by the learned JMFC, Surat under Section 630 of the Companies Act, 1956 (hereinafter referred to as 'the Companies Act'), as confirmed by the learned Sessions Judge, Surat, requiring the petitioner to vacate the quarters allotted by the respondent Company upon dismissal of the petitioner from service. The petitioner has also challenged the constitutional validity of section 630 of the Companies Act on various grounds.2. The facts leading to filing of the petition, briefly stated, are as under :-The petitioner was employed as a fitter by the respondent-Company on 2.5.1990. The Company passed order dated 28.1.1997 dismissing the petitioner from service after holding a departmental inquiry. Thereafter the Company also moved the Court of the learned JMFC, Surat under Section 630 of the Companies Act on the g...
G.S.R.T.C. Vs. Rameshbhai D. Patel
Court: Gujarat
Decided on: Nov-08-2000
Reported in: (2002)IVLLJ458Guj
K.M. Mehta, J.1. Gujarat State Road Transport Corporation (hereinafter referred to as 'Corporation')-petitioner has filed this petition challenging the judgment and award dated October 15, 1991 passed by the Labour Court, Surat (hereinafter referred to as 'Tribunal'). The Tribunal, by its above judgment and award, was pleased to direct the reinstatement of Shri Rameshbhai D. Patel, workman (hereinafter referred to as 'workman') within 30 days from the date of order without back wages but to consider the workman as continuously in service.2. Background of the matter:Rameshbhai D. Patel was employed as a conductor by the Corporation. It has been alleged that cases Nos. 413/1982, 420/ 1983, 233/1984, 2/1986 and 257/1989 has been registered against the workman. Thus the case, it was alleged, is that the workman reissued used tickets to the passengers and collected fare from them and that has created serious loss of revenue to the Corporation. Some minor punishment was also inflicted on the...
Jaisinh Jodhabhai Vaisya and Grofed Employees Union Vs. Laxmanbhai Ars ...
Court: Gujarat
Decided on: Nov-07-2000
Reported in: 2001CriLJ2002; (2001)IILLJ511Guj
R.K. Abichandani, J.1. In these two applications, the learned Counsel appearing for the opponents have taken up a preliminary objection against initiation of contempt proceedings to the effect that the Labour Court and Industrial Tribunal are not Courts subordinate to the High Court and hence contempt proceedings for non-compliance of any order or award of the Labour Court or Industrial Tribunal were not maintainable. They have placed reliance on a decision of this Court in Muljibhai Bhurabhai v. Upendra Vyas, Manager, reported in 2000 (2) GLH 768, in which it was held that though Labour Courts/Industrial Tribunals have the trappings and attributes of a 'Court' and they were amenable to writ jurisdiction of the High Court, they are not `Courts' as contemplated under the Contempt of Courts Act, 1971, and therefore proceedings for breach of any order or award made by such Courts and Tribunals are not maintainable under the provisions of that Act. The learned Counsel also relied upon the ...
Mohmdkhan Rustomkhan Vs. A'bad Municipal Corporation
Court: Gujarat
Decided on: Nov-07-2000
Reported in: (2001)4GLR3092
B.C. Patel, J.1. The petitioner has approached this Court by filing the present petition against the Ahmedabad Municipal Corporation and two others for various reliefs. From the contents of the petition, it appears that his grievance was that he was a tenant of a cabin. For the purpose of widening the road, the Ahmedabad Municipal Corporation was likely to take action for removal of the Pan Shop, i.e. cabin. Learned Single Judge admitted the petition and granted ex-parte interim relief by which the respondents were restrained from evicting and dispossessing the petitioner from the suit premises in any manner whatsoever.2. When the matter was called out yesterday, learned advocate for the petitioner did not remain present and the matter was adjourned to today. Today when the matter was called out in the first session, learned advocate for the petitioner did not remain present. Even in the second session, he has not chosen to remain present and therefore, we have heard the learned counse...
Gujarat State Road Transport Corporation Vs. Sulemanbhai P. Mansuri an ...
Court: Gujarat
Decided on: Nov-06-2000
Reported in: [2002(92)FLR202]; (2001)3GLR1966
P.B. Majmudar, J.1. The petitioner has preferred this petition under An. 227 of the Constitution of India challenging the Award passed by the Industrial Tribunal, Ahmedabad in Reference (I.T.) No. 109 of 1984. The respondent is an employee of the Gujarat State Road Transport Corporation and he is serving on the post of Conductor. He was subjected to departmental proceedings for various charges. He was charge-sheeted on three counts and the charges levelled against him were as under :1. That he did not issue tickets to one female passenger and three male passengers of one group after they boarded bus from Sayala for Dolia even though he collected fare from them aggregating to Rs. 3/-;2. Two policemen along with one accused boarded the bus from Limdi for Rajkot and accused was issued ticket immediately, but the two policemen who were travelling on police warrant No. 81 gave the same to the respondent. However, he returned the same and did not issue any tickets to them with an oblique mot...
Gujarat State Road Transport Corporation Vs. P.B. Bariya
Court: Gujarat
Decided on: Nov-06-2000
Reported in: (2001)IIILLJ298Guj
P.B. Majmudar. J.1. The Petitioner - Gujarat State Road Transport Corporation has filed this Special Civil Application under Article 227 of the Constitution of India, challenging the award passed by the Labour Court, Vadodara in Reference No. 602 of 1983. The respondent-Workman was serving on the post of conductor in the S.T. Corporation. The said workman was subjected to departmental proceedings for various charges. At the time of checking of the bus by Mr. H.J. Bhatt, in which the workman was working as conductor, following irregularities were found :-1. One passenger was found travelling from the station without ticket. Fare was not taken.2. Intentionally, tickets were to be given too slowly to the passengers of the bus.3. On checking S.T. Cash, Rs.34.50 p. were found more.4. On checking the Regzine Bag, one card with photograph of one lady came to be found, which was not deposited as lost property and Rs.75/were came to be found from Regazine Bag which were not cause to be noted in...
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