Gujarat Court February 2002 Judgments
Gujarat State Road Transport Corporation Limited Vs. Bhikhalal Punabha ...
Court: Gujarat
Decided on: Feb-22-2002
Reported in: [2003(96)FLR60]
H.K. Rathod, J.1. Rule. Service of Rule is waived by Mr. T.R.Mishra, learned advocate appearing for the respondent workman on caveat. In the facts and circumstances of the case and with the consent of the learned advocates for the parties, the matter is taken up for final hearing today itself. 2. By way of this petition under Article 227 of the Constitution of India, the petitioner has challenged the award made by the labour Court, Rajkot in Reference (LCR) No. 255 of 1996 dated 23.3.2001 whereunder the labour court has directed the petitioner corporation to reinstate the respondent workman in service with continuity of service and without back wages. The facts leading to the filing of the present petition are as under: 3. The respondent workman was working as a conductor in the petitioner corporation. On 2.9.1992, the checking party found certain financial irregularities while the respondent was on duty on Halvad Tarnetar Route for which departmental inquiry was initiated against the ...
Tag this Judgment!Kalyanbaug Co-op. Housing Society Ltd. and anr. Vs. Rajendraprasad Shy ...
Court: Gujarat
Decided on: Feb-22-2002
Reported in: (2003)4GLR2833
K.M. Mehta, J.1. Kalyanbaug Co-operative Housing Society Limited and others, petitioners have riled this petition challenging the judgment and order dated 30th March, 1988, passed by the learned Board of Nominees, Vadodara and also the order of the Gujarat Co-operative Tribunal (hereinafter referred to as 'the Tribunal') dated 2nd September, 1989, passed in Appeal No. 238 of 1988 filed by the petitioner in this behalf whereby the Tribunal has dismissed the said appeal.2. The facts giving rise to this petition are as under:2.1 The first petitioner-Society has been incorporated at Manjalpur after obtaining necessary permission from Government of Gujarat under Section 20 of the Urban Land (Ceiling & Regulation) Act, 1976 (hereinafter referred to as 'the Act of 1976'). The Government granted permission to the said Society on a condition that all the members were supposed to fulfil the same. According to one of the conditions, the members of the Society were supposed to file declaration for...
Tag this Judgment!Navnitrai Manishanker Raval and ors. Vs. Divisional Controller, Gujara ...
Court: Gujarat
Decided on: Feb-21-2002
Reported in: (2003)4GLR87; (2003)IILLJ1044Guj
Ravi R. Tripathi, J. 1. This group of petitions are filed for the relief that the order dated January 15, 1999 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 be quashed and set aside and the respondents be directed to pay the amount of arrears of gratuity with 18% interest.2. The facts of the case are that earlier the upper limit of gratuity amount was Rs. 1 lac. In the year 1995, the State Government and also the Central Government by notifications raised it to Rs. 2.5 lacs. The copy of the Office Memorandum issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Pension & Pensioners' Welfare), New Delhi dated July 14, 1995 was made available for perusal of this Court. The subject mentioned in the said Office Memorandum reads as under:'Treatment of Dearness Allowance as Dearness pay for the purpose of Death Gratuity and Retirement Gratuity and raising the maximum limit of gratuity from Rs. 1.00 lakh to 2.50 lakhs...
Tag this Judgment!inter Continental (India) Vs. Union of India (Uoi) and ors.
Court: Gujarat
Decided on: Feb-20-2002
Reported in: 2002(82)ECC497; 2003(154)ELT37(Guj); (2002)2GLR1337
D.A. Mehta, J.1. The petitioners have challenged by way of this writ petition circular No. 40 of 2001-CUS dated 13-7-2001 (Exh. 'A') as being unconstitutional, illegal, ultra vires (i) Arts. 14, 19(l)(g) and (ii) the provisions of Section 151A of the Customs Act, 1962 (hereinafter referred to as 'the Act'), and (iii) Notification No. 17 of 2001-CUS dated 1-3-2001 : inter alia praying that the impugned circular (Exh. 'A') and consequential order dated 20-7-2001 (Exh. 'R'7 be quashed and set aside. Further prayer has been made that the petitioners be assessed in relation to the goods covered by bill of Entry dated 28-3-2000 (Exh. 'C') and in relation to consignment listed in Exh. 'H' at the concessional rate of 35% duty in terms of Entry at Sr. No. 29 of Table annexed to the Notification No. 17 of 2001 dated 1-3-2001 and furthermore, cancel the bonds executed by the petitioners and release the bank guarantees furnished at the time of provisional release of the goods in question.2. Petiti...
Tag this Judgment!Mayurbhai N. Vyas Vs. State of Gujarat and anr.
Court: Gujarat
Decided on: Feb-20-2002
Reported in: (2002)3GLR70
C.K. Buch, J.1. Heard learned Counsel Mr. S. V. Raju with Mr. Chetan K. Pandya for the applicant.2. The applicant has prayed for quashing criminal complaint registered vide Criminal Case No. 2705 of 2001 and process issued therein, pending in the Court of Judicial Magistrate (F. C.) at Gandhinagar for the offence punishable under Section 138 of the Negotiable Instruments Act. The applicant has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973.3. The applicant has submitted that learned Magistrate ought not to have issued process against the applicant in light of the averments made in the complaint itself.4. The original complainant is a Chartered Accountant and was rendering services to accused No. 1-Company. With a view to discharge liability of payment to the chartered accountant cheques of Rs. 6,00,000/- (Six lacs) bearing Nos. 1162576 and 1162578, both dated 1st January, 2001, drawn on Laxmi Vilas Bank Ltd., Rajkot from the Account No....
Tag this Judgment!Baldevbhai B. Patel Vs. Amrutlal M. Nayak and anr.
Court: Gujarat
Decided on: Feb-20-2002
Reported in: (2002)3GLR321
K.A. Puj, J.1. Heard Mr. B.P. Jasani, learned Advocate appearing on behalf of the petitioner. No one appears on behalf of the respondent Nos. 1 and 2.The petitioner, in this petition, had challenged the order and judgment passed by the Gujarat Secondary Education Tribunal at Ahmedabad on 11-10-1990 in Application No. 704 of 1987 and has also prayed for quashing and setting aside the said judgment.By way of an interim relief, the petitioner has prayed for stay against the operation and effect of the said judgment.2. At the time of admitting this petition on 30-11-1990, this Court (Coram ; R.K. Abichandani, J.), has passed the following order :'Rule. Ad interim relief in terms of Para 27(C).From the record, it prima facie appears that, criminal offences, including the offence under Section 409 of the Indian Penal Code, have been committed in this matter and no F.I.R. is lodged, and therefore, no investigation has taken place. In a matter of this type where there are grave allegations to ...
Tag this Judgment!Rajendraprasad Shankarlal Purohit Vs. Executive Engineer
Court: Gujarat
Decided on: Feb-20-2002
Reported in: (2002)4GLR2819
H.K. Rathod, J.1. This Court has decided the present petition on 20th February, 2002. This Court set aside the award while allowing the petition made by the Labour Court concerned in Reference No.171 of 1996 dated 29th May, 2000. This Court directed the respondent to reinstate the petitioner with continuity of service with 50% of back wages for the intervening period from the date of termination till the date of actual reinstatement. The respondent was further directed to reinstate the petitioner in service with continuity of service within two months from the date of receipt of copy of this order and to pay the back wages to the petitioner for the intervening period at the rate of 50% within 3 months from the date of receipt of the order. Accordingly, the reference was allowed.2. This decision was challenged by the respondent in Letters Patent Appeal No.1067 of 2002. The Division Bench has decided the Letters Patent Appeal on 7th October, 2003. The Division Bench has confirmed the ord...
Tag this Judgment!Baroda Central Co-operative Bank Ltd. and anr. Vs. Khodabhai Somabhai ...
Court: Gujarat
Decided on: Feb-20-2002
Reported in: [2002(95)FLR381]; (2003)ILLJ175Guj
K.M. Mehta, J. 1. Baroda Central Co-operative Bank Ltd. petitioner has filed this petition for a writ of certiorari for quashing and setting aside the judgment and award dated October 21, 2000 passed by the Labour Court, Vadodara, in BIRT-Application No. 3 of 1995 produced at Annexure-E to this petition and the judgment and order dated August 10, 2001 passed by the Industrial Court, Vadodara in Appeal No. 4/2001. The facts giving rise to this petition are as under: The petitioner is a Co-operative Bank engaged in the banking business. The relations between the Bank and its employees are regulated by the Bombay Industrial Relations Act, 1946. The petitioner is having one branch office at Mukum-Post, Bajwa where five employees were in employment to run the said branch. The respondent workman was one of the employees working as peon. If is the contention of the petitioner that it came to the notice of the petitioner Bank that irregularities have been committed by the employees of the said...
Tag this Judgment!Gujarat State Road Transport Corporation Vs. SarfudIn K. Saiyad
Court: Gujarat
Decided on: Feb-20-2002
Reported in: (2002)4GLR3199
H.K. Rathod, J.1. Heard Mr. H.S. Munshaw, learned Advocate appearing on behalf of the petitioner and Mr. J.S. Brambhatt, learned Advocate appearing on behalf of the respondent-workman.2. In the present petition, the petitioner-Corporation has challenged the award passed by the Labour Court, Nadiad in Reference No. 522 of 1987, dated 30th August, 1993, whereby the Labour Court has granted reinstatement with continuity of service with 25% back wages of interim period. This Court has issued Rule and granted ad-interim relief in terms of Para 8(C) by Order dated 24th January, 1994. Mr. J.S. Brahmbhatt, learned Advocate for respondent- workman has submitted that though, ad-interim relief against reinstatement has been granted by this Court, the respondent-workman has already been reinstated in service and at present he is working with the petitioner Corporation but 25%back wages awarded by the Labour Court vide the award impugned in this petition, has not been paid to the respondent-workman...
Tag this Judgment!Vimlaben Somabhai and ors. Vs. Vadodara Urban Development Authority an ...
Court: Gujarat
Decided on: Feb-20-2002
Reported in: (2002)4GLR3726
Kundan Singh, J.1. By means of this petition, the petitioners have sought for a declaration that the reservation of the land of the petitioners bearing Survey No. 122 admeasuring 1 Acre, 3 Gunthas and Survey No. 123 admeasuring 1 Acre, 23 Gunthas reserved under the final development plan prepared by the respondent No. 1-Vadodara Urban Development Authority (V.U.D.A. for short) and sanctioned by the respondent No. 3-State Government Under Section 17 of the Gujarat Town Planning and Urban Development Act, 1976 (hereinafter referred to as 'the Act') lapses and the lands of the petitioners are no more under reservation and for a direction to the respondents to treat the reservation of the land of the petitioners stated above reserved under the final development plan of by V.U.D.A. sanctioned by the State Government as having lapsed and de-reserved and not coming in the way of the petitioners to develop the said land on the basis that there is no reservation on the said land and for a direc...
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