Mahuva Nagar Palika Through Chief ... vs Bhanjibhai Mangalabhai Parmar
2021 Latest Caselaw 16714 Guj

    C/SCA/16031/2021                                       ORDER DATED: 25/10/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 16031 of 2021

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           MAHUVA NAGAR PALIKA THROUGH CHIEF OFFICER
                             Versus
                BHANJIBHAI MANGALABHAI PARMAR
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Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 25/10/2021
                                 ORAL ORDER

[1] Learned advocate Mr.Ravi Pahwa for the petitioner has submitted that though specific contention was raised before the Tribunal by the Nagarpalika that no setup was available, the Labour Court has passed the award directing the petitioner to regularise the service of the respondent-workman. In support of his submission, he has placed reliance on the judgment of the Supreme Court in the case of Hari Nandan Prasad & Ors. vs. Employer I/R. To Management of Food Corporation of India & Ors., (2014) 7 SCC 190.

[2] Learned advocate for the petitioner has submitted that pursuant to the award, the respondent workman has filed a Complaint No.16 of 2021 before the concerned authority.

[3] It will be open for the petitioner to file an application seeking adjournment in the aforesaid

C/SCA/16031/2021 ORDER DATED: 25/10/2021

proceedings. The concerned authority shall adjourn the matter since the issue is under examination by this Court.

[4] Issue notice to the respondents returnable on 01.12.2021. Direct service is permitted.

(A. S. SUPEHIA, J) NABILA