Gujarat High Court
Bhavnagar Stree Kelavni Mandal vs Popatbhai Dhudabhai Mansatar on 2 February, 2021
Bench: Nirzar S. Desai
C/SCA/10006/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10006 of 2020
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BHAVNAGAR STREE KELAVNI MANDAL
Versus
POPATBHAI DHUDABHAI MANSATAR
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Appearance:
MR YN RAVANI(718) for the Petitioner(s) No. 1
HARSHADKUMAR D PANCHAL(9015) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 02/02/2021
ORAL ORDER
1. Heard Mr.Y.N.Ravani, learned advocate for the
petitioner and Mr.H.D.Panchal for the respondent
no.1.
2. Mr.Y.N.Ravani, learned advocate for the
petitioner points out that for the very cause for
which the industrial dispute was raised before
the learned labour Court, Bhavnagar by the
respondent no.1 herein. The respondent no.1 had
also approached the Gujarat Secondary Education
Tribunal, Ahmedabad by way of application no.256
of 2003.
3. Mr.Y.N.Ravani, learned advocate for the
petitioner points out that the application was
dismissed by the Gujarat Secondary Education
Tribunal, Ahmedabad vide order dated 22th March,
C/SCA/10006/2020 ORDER
2011 and after knowing fully well that though the
application preferred by the respondent herein is
dismissed by the Gujarat State Education
Tribunal, Ahmedabad, the respondent herein
preferred the Reference (L.C.B.) No.40 of 2013
challenging the order of dismissal.
4. Mr.Y.N.Ravani, learned advocate for the
petitioner further submits that in view of the
Division Bench judgment reported in 2005 (4) GLR
3677, which is also referred to at the time of
issuance of notice, the labour Court does not
have any jurisdiction to adjudicate the dispute
between the petitioner and the respondent as the
petitioner is an educational institution.
Accordingly, he prays for stay of the award
passed and he also prays for relief in terms of
para 8 (C) of this petition.
5. Learned advocate Mr.H.D.Panchal for the
respondent no.1 has no answer to the query posed
by this Court that though the respondent no.1
preferred an application no.256 of 2003 before
the Gujarat Secondary Education Tribunal,
Ahmedabad, which was dismissed vide order dated
26th March, 2011, why the aforesaid facts were not
disclosed at the time of filing the reference as
well as without challenging the order passed by
the Gujarat Secondary Education Tribunal,
Ahmedabad dated 22nd March, 2011 in application
no.256 of 2003 and why the industrial dispute was
C/SCA/10006/2020 ORDER
raised straightway by Reference (LCB) No.40 of
2013 by the respondent. Though Mr.H.D.Panchal,
learned advocate for the respondent does not have
any answer to the query raised by this Court, he
requests for time to take instructions from his
client. It is noteworthy that some request was
made by him before the Coordinate Bench of this
Court and vide order dated 09th December, 2020 and
the Coordinate Bench was kind enough to adjourn
the matter on 2nd February, 2021 i.e. today since
sufficient time was granted to him to meet with
the additional affidavit of the petitioner,
whereby the petitioner has placed on record the
order dated 22nd March, 2011 passed in application
no.256 of 2003 by the Gujarat Secondary Education
Tribunal, Ahmedabad. No further time is required
to be granted. Accordingly, the request made by
Mr.H.D.Panchal, learned advocate for the
respondent is rejected.
6. Hence, Rule. Mr.H.D.Panchal, learned advocate
for the respondent waives service of notice of
Rule for the respondent no.1.
7. Interim relief is granted in terms of para 8
(C) in the meantime.
(NIRZAR S. DESAI,J)
MOHMMEDSHAHID
