Gujarat Vidhyut Mazdoor Sangh vs Gujarat Urja Vikas Nigam Ltd
2023 Latest Caselaw 6330 Guj

                                                                                   NEUTRAL CITATION




       C/LPA/1041/2019                              ORDER DATED: 29/08/2023

                                                                                    undefined




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/LETTERS PATENT APPEAL NO. 1041 of 2019

              In R/SPECIAL CIVIL APPLICATION NO. 3999 of 2018

==========================================================
                         GUJARAT VIDHYUT MAZDOOR SANGH
                                        Versus
                             Gujarat Urja Vikas Nigam Ltd.
==========================================================
Appearance:
MR DJ BHATT(164) for the Appellant(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3
==========================================================

     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE DEVAN M. DESAI

                            Date : 29/08/2023
                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

This Letters Patent Appeal is directed against the judgment and award dated 26.07.2018 of learned Single Judge, whereby the petition is rejected.

2. When prayers in the main Special Civil Application made by the petitioner Gujarat Urja Vikas Nigam Limited are looked at, they read as under,

(i) to quash and set aside circular dated 20.02.20218 at Annexure-B;

(ii) to direct respondent No.1 to accept consent/authorisation letters of the members of the petitioner unions whose letters have been not accepted and returned by them during prescribed period.

NEUTRAL CITATION

C/LPA/1041/2019 ORDER DATED: 29/08/2023

undefined

3. Prayer (ii) above, incorporated in the appeal as prayer No.11(B) is consequential to prayer (i). Prayer (i) incorporated as prayer No.11(A) to set aside the circular dated 20.02.2018, no more survives, since it is an admitted position that the said circular dated 20.02.2018 was challenged in Letters Patent Appeal No.1021 of 2018 decided on 08.08.2018, wherein the Division Bench has set aside the same.

4. Therefore, no question in relation to the said circular including the incidental aspects relating to the circular, as sought to be raised in this Letters Patent Appeal could be gone into by this Court.

5. No adjudication survives in this Letters Patent Appeal, accordingly it is disposed of.

6. Learned advocate Mr.D.J.Bhatt, at this stage, submitted that certain rights existed for the workmen on the basis of the aforesaid circular dated 20.02.2018 before it was set aside.

6.1 Learned advocate Mr.Dipak Dave stated that if any right survives to be extended before quashing of the aforesaid circular dated 20.02.2018, the issue will be examined in accordance with law by the respondent employer, if the representation is made by the appellant.

7. It is clarified that this Court has not expressed anything about the claimed survival of rights under the said circular, as well as on merits of such course of action proposed to be adopted by the appellant.

(N.V.ANJARIA, J)

(D. M. DESAI,J) MANOJ