Gujarat Court August 2013 Judgments
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Amts Karmachari Sangh Vs. Deputy Labour Commissioner and Another
Court: Gujarat
Decided on: Aug-07-2013
1. Since in all these petitions, identical question of law arises, the material facts are also identical and the respondents are also the same, these petitions are heard, considered and decided together. 2. Heard Mr.Yogen Pandya, learned Advocate for the petitioners, Mr.Rahul Dave, learned Assistant Government Pleader for the contesting respondent State Authorities and Mr.H.S.Munshaw, learned Advocate for the respondent No.2-Employer. 3. Challenge in each petition is made to the order passed by the Deputy Commissioner of Labour, Ahmedabad as the Appropriate Government under the Industrial Disputes Act, 1947, holding that Reference need not be made to the Labour Court, for the demand raised before it. The question which falls for consideration before this Court is, as to whether the Appropriate Government, in exercise of its power under Section 10(1) of the Act, could have refused to refer the dispute to the Labour Court, since according to that Authority, the workman was not entitled t...
Manubhai Hargovanbhai Joshi Vs. State of Gujarat and Others
Court: Gujarat
Decided on: Aug-05-2013
Cav Judgemnt: Bhaskar Bhattacharya, C.J. 1. This Special Civil Application has been referred to a Larger Bench by order dated 9th April 2013 passed by a Division Bench of this Court (Coram: Jayant Patel and Mohinder Pal, JJ.) as the said Bench was of the opinion that the view proposed by that Bench was, to some extent, in conflict with the one earlier taken by another Division Bench of this Court (Coram: S.J. Mukhopadhaya, CJ and J.B. Pardiwala, J.) in the case of Dashrathsinh Ramjubhai Gohil vs. State of Gujarat reported in 2011 (1) GLH 795. 2. The case made out by the petitioner in the Special Civil Application giving rise to this Reference can be summed up thus:- 2.1 The petitioner is a voter in the category of the traders constituency at Sr. No.1745 in the final voters list for the election of Agriculture Produce Market Committee, Deesa, the respondent no. 4. 2.2 That the term of elected body of the respondent No.4- committee was going to expire on 7th January 2012, and therefore, ...
Lalji Kanaji Thakore Vs. State of Gujarat
Court: Gujarat
Decided on: Aug-01-2013
K.J. Thaker, J. 1. The matter was fixed time and again for final hearing. Yesterday, the matter was heard partly and the same was fixed for further hearing today. However, today, learned counsel for the appellant is not present. Therefore, we are deciding this matter in absence of learned advocate for the appellant. 2. By way of this appeal, the appellant has challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Court No.11, Ahmedabad City, dated 16.05.2007, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offence punishable u/s.302 of the Indian Penal Code (for short, œthe IPC?) and fine of Rs. 1,000/-, in default of payment of fine, the appellant shall undergo further sentence of simple imprisonment for three month. The appellant has been acquitted for the charge u/s. 135 (1) of the Bombay Police Act. 3. A complaint was filed by the complainant, Lalji Suraji Thakor, interali...
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