Gujarat High Court
Gujarat State Fertilizers & ... vs Vinayakrao Shantilal Desai on 24 February, 2021
Bench: Vineet Kothari, Gita Gopi
C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
1. R/LETTERS PATENT APPEAL NO. 956 of 2016
With
2. CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2018
In
R/LETTERS PATENT APPEAL NO. 956 of 2016
With
3. CIVIL APPLICATION (FOR ORDERS) NO. 4 of 2016
In
R/LETTERS PATENT APPEAL NO. 956 of 2016
With
4. CIVIL APPLICATION (FOR ORDERS) NO. 5 of 2016
In
R/LETTERS PATENT APPEAL NO. 956 of 2016
With
5. CIVIL APPLICATION (FOR STAY) NO. 6 of 2016
In
R/LETTERS PATENT APPEAL NO. 956 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MS. JUSTICE GITA GOPI
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C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of
the judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?
==============================================================
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. & 1 other(s)
Versus
VINAYAKRAO SHANTILAL DESAI & 1 other(s)
==============================================================
Appearance:
MR KUNAN B NAIK(3210) for the Appellants Nos.1,2 - Gujarat State
Fertilizers & Chemicals Ltd.
MR VS DESAI(1398) the Respondent No. 1 - Party-in-Person
==============================================================
CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 24/02/2021
ORAL JUDGMENT
(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)
1. This Letters Patent Appeal has been filed against the Two
Interlocutory Orders passed by the learned Single Judge; one dated
30.06.2015 and another dated 26.04.2016.
2. By the order dated 30.06.2015, the learned Single Judge
(Coram: Hon'ble Mr. Justice S.G. Shah), held that the Shareholder of
C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
the Company, M/s Gujarat State Fertilizers & Chemicals Ltd.,
Mr. V.B. Shah, be deleted from the array of Petitioners being
Petitioner no.2 and by another Order dated 26.04.2016, the same
learned Single Judge held that the Industrial Tribunal below itself
was not a necessary party in the Special Civil Application (Writ
Petition) filed by the Company against the Interim Award dated
23.06.2010 passed by the said Industrial Tribunal No.1, Vadodara.
3. On an objection raised about the maintainability of the Intra -
Court Appeal itself from the side of the Respondent Employee - Mr.
Vinayakrao Shantilal Desai, an Advocate who has served this
Company at an earlier point of time and was appearing as Party-in-
person before us, the Division Bench of this Court (Coram: Hon'ble
Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice Vireshkumar B.
Mayani) by a detailed Order held that the said Special Civil
Application filed by the Company against the said Interim Award
dated 23.06.2010 was maintainable, being a Writ Petition under both
Articles 226 / 227 of the Constitution of India.
4. The main proceedings are still pending in Reference (IT)
C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
No.165 of 1994 in the Industrial Tribunal No.1, Vadodara and
against the Interim Award only this off-shoot litigation has landed
up on the Board of this Court and has resulted in the aforesaid two
orders passed by learned Single Judge and one detailed Judgment /
Order passed by the Division Bench of this Court on 17.12.2019 and
now the present intra - Court Appeal against these two interim
orders, before us, consuming almost 27 years in this litigation by
now.
5. Having heard the learned Counsel Mr. Kunan B.Naik for the
Appellants and the Party-in-person, Mr. Vinayakrao Shantilal Desai,
aged about 75 years, as Respondent, we are of the considered
opinion that we need not go into the details and the validity of the
orders passed by the learned Single Judge to a very large extent on
the merits as the order which we propose to pass in the present
Letters Patent Appeal, is acceptable to both the parties. Therefore,
we leave open the academic questions raised before us, as raised,
namely:
(i) Whether the shareholder of the Company can
join the lis initiated by the Limited Company being
C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
a Juristic Person as a co-petitioner under Article
226 of the Constitution of India?
(ii) Whether the Industrial Tribunal, which
passes the impugned order, is also a necessary or
proper party in the Writ Petition filed against its
Interim / Final Award, passed under the provisions
of the Industrial Disputes Act, 1947?
(iii) As far as the third question about the
maintainability of the present Intra-Court Appeal is
concerned, the Co-ordinate Bench of this Court,
vide detailed order dated 17.12.2019, (Coram:
Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr.
Justice Vireshkumar B. Mayani), has already held
that such Intra-Court Appeal is maintainable, as the
Writ Petition filed against the Interim Award dated
23.06.2010 can be construed to be a Writ Petition
under both Articles 226 / 227 of the Constitution of
India.
C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
6. Therefore, leaving these questions open to be decided in some
other appropriate case, we direct the Industrial Tribunal No.1,
Vadodara to decide the main Reference (IT) No.165 of 1994,
Manager, G.S.F.C. Fertilizers, Vadodara Vs. Vinayakrao
Shantilal Desai, on its own merits, as expeditiously as possible,
preferably within a period of Six Months from the date when the
learned Single Judge decides the pending Special Civil Application
No.11186 of 2010. Till the main Reference is decided by the
learned Industrial Tribunal, we direct that the effect and operation of
the Interim Award dated 23.06.2010, the operative part of which is
quoted below, shall remain stayed and it will abide by the Final
Award to be passed by the Tribunal and the learned Tribunal will be
free to decide the Final Award in accordance with law.
Extract of Interim Award dated 23.06.2010
"બીજા પક્ષકાર કમચર્મચારીની આંક-૧૨૩ ની અરજ
અંશત: મચંજૂર કરવામચાં આવે છે અને એવું ઠરાવવામચાં આવે
છે કે , કમચર્મચારીએ રીસર્ચર્મ આિસર્સ્ટન્ટના હોદ્દા મચાટે
ઉમચેદવારી કરી હતી અને તેઓને રીસર્ચર્મ આિસર્સ્ટન્ટ તરીકે
C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
િનમચણૂક આપવામચાં આવી હતી અને તે જ હોદ્દા ઉપર
તેઓએ કામચગીરી કરી હતી અને બરતરફ કયાર્મ ત્યારે પણ
કમચર્મચારી રીસર્ચર્મ આિસર્સ્ટન્ટ તરીકે નોકરી કરતા હતા.
આમચ રીસર્ચર્મ આિસર્સ્ટન્ટ ટરે ઈની તરીકે ની િનમચણૂક
પ્રથમચથી જ ગેરકાયદેસર્ર અને ગેરવ્યાજબી ઠરાવવામચાં
આવે છે , અને સર્ંબંધીત કમચર્મચારી નોકરીની જાહે રાતથી જ
રીસર્ચર્મ આિસર્સ્ટન્ટ તરીકે નો હોદ્દો તેમચજ તે અંગેનો પગાર
તેમચજ લાગુ પડતા સર્વીસર્ રુલ્સર્ તેમચજ મચોડલ સ્ટે ન્ડીંગ
ઓડર્મ સર્ર્મની જોગવાઈઓ મચુજબના તમચામચ લાભો મચેળવવા
મચાટે કાયદેસર્ર રીતે હક્કદાર છે તેવું ઠરાવવામચાં આવે છે ."
7. With these observations and directions, the present Letters
Patent Appeal as well as the connected Civil Applications stand
disposed of.
8. Since, the present Letters Patent Appeal arises only out of the
Interlocutory Orders passed by the learned Single Judge on
30.06.2015 and 26.04.2016 and the main petition being Special
Civil Application No.11186 of 2010 is pending before the learned
Single Judge, we also request the learned Single Judge to first decide
the main Special Civil Application No.11186 of 2010 also as
C/LPA/956/2016 JUDGMENT DT.:24. 02. 2021
GUJARAT STATE FERTILIZERS & CHEMICALS LTD. Vs. VINAYAKRAO SHANTILAL DESAI
expeditiously as possible, preferably within Six Months. Thereafter
within Six Months, the Industrial Tribunal will also decide the
Reference (IT) No.165 of 1994 in accordance with law. No costs.
(DR. VINEET KOTHARI, J.)
(GITA GOPI, J.)
Pankaj
