Gujarat Court June 2012 Judgments

Preethisingh Mukandsingh Shikh and Others Vs. State of Gujarat and Oth ...

Court: Gujarat

Common C.A.V. Order: Bhaskar Bhattacharya, CJ. 1. While admitting Letters Patent Appeals being LPA No. 1106/2011, 1107/2011, 1111/2011 and 1116 of 2011 preferred by unsuccessful petitioners of four different Special Civil Applications, a Division Bench of this Court presided over by the then the Chief Justice directed that in view of the importance of the issue involved therein, the matters should be heard by a larger Bench. Consequently, this Bench was constituted for hearing all those four LPAs. 1.1 Subsequently, after taking into consideration the fact that various Special Civil Applications were pending before the learned Single Judge involving the selfsame point, we decided to give opportunity of making submissions to the learned counsel for the petitioners in those Special Civil Applications at the time of hearing of the above four appeals. 2.2 The subject matter of the four LPAs indicated above is the decision of the District Collector, Kutch who issued instructions to the conce...

Gujarat State Road Transport Corporation Vs. Shabir HussaIn G Shaikh

Court: Gujarat

ORAL JUDGMENT 1. Heard learned advocates for the parties. 2. The petitioner, G.S.R.T.C., the opponent in Complaint No. 211 of 2001 in Reference I.T. No. 16 of 2001 has approached this Court only under Article 226 of the Constitution of India challenging the order dated 5.12.2002 passed by the Industrial Tribunal accepting the complaint of the workman that during pendency of the Reference of the subject matter, the order of reversion was passed on 6.7.2001, which amounted to gross violation of provision of Section 33(1)(a) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act' for short). 3. The facts in brief, as could be summarized from the narration in the petition deserve to be set out as under: The respondent workman along with other employees had to raise industrial dispute in respect of regularization of his service on a promotional post of Assistant Traffic Inspector (ATI) as though he joined as a conductor, he came to be promoted as Traffic Controller and...

Uttambhai Morarbhai Patel and Others Vs. State of Gujarat and Others

Court: Gujarat

ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) 1. By way of this Appeal, the appellants have challenged the order passed by the learned Single Judge, by which the learned Single Judge has dismissed the writ petition of the appellants. 2. The case of the appellants herein is that the appellants have already made representation dated 03rd October, 2011 to the Collector regarding giving permission to restore the use of land bearing Revenue Survey No.88 admeasuring 10,000 Sq. Meters of village Mubarakpur, Taluka Nizar, District Tapi for Grain yard (KHALWAD) purpose. The representation made to allot the said plot for the said purpose on permanent basis. It seems that the aforesaid plot of land has been allotted by the Government to the landless agricultural labourers. It is the say of the appellants that the appellants are willing to give another land for the benefit of landless agricultural labourers in case the Revenue Survey No.88 is restored in favour of the appellants. That i...

Executive Engineer Vs. Bakulaben Chandreshbhai Somani

Court: Gujarat

ORAL JUDGMENT 1. Heard learned advocate for the petitioner. Though served, none appears for respondents. 2. The petitioner-original employer in Reference No. 385 of 1999 has approached this Court with following reliefs: i. “that the Hon'ble Court may be pleased to admit and allow this petition; ii. that the Hon'ble Court may be pleased to issue a writ or mandamus or any other appropriate writ, direction or order in the nature of Writ of mandamus quashing and setting aside the Award passed by the Court of the learned Labour Judge, at Surat on 20/3/2003 in Reference No. 385 of 1999; iii. that the Hon'ble Court may be pleased to stay the execution, implementation and operation of the said Award passed by the learned Labour Judge, Surat in Reference No. 385 of 1999, during the pendency of this petition; iv. that any other further order or writ as thought fit may be passed in the interest of justice” challenging the award dated 20.3.2003 passed by the Labour Court in Reference N...

Borsad Nagar Palika Vs. Naginbhai Kishabhai Vaghela and Another

Court: Gujarat

Reported in: 2012(4)LLN698

Oral Judgment: 1. Heard learned advocates for the parties. 2. The petitioner, Municipality constituted under the provisions of the Gujarat Municipality Act, a statutory authority, has approached this Court by way of this petition under Article 227 of the Constitution of India with following prayers: “(A) Your Lordships be pleased to issue a writ of certiorari and/or any other appropriate writ, order or direction, quashing and setting aside the impugned Order dated 15.12.2003 passed by the learned Presiding Officer in Misc. Application No. 23 of 2002 and restore Misc. Application No. 4 of 2001. (B) Pending admission, hearing and till final disposal of this petition, Your Lordships be pleased to grant stay of operation, execution and implementation of the judgment and Award dated 13.11.2000 (At Annexure A) passed by the learned Presiding Officer in Ref. (LCA) No. 1011/92, in the interest of justice. (C) Your Lordships be pleased to grant such other and reliefs as may be deemed just...