Chief Officer, Visavadar Nagarpalika vs Bipinbhai Samjubhai Ribadiya
2023 Latest Caselaw 8747 Guj

Gujarat High Court

Chief Officer, Visavadar Nagarpalika vs Bipinbhai Samjubhai Ribadiya on 18 December, 2023

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     C/SCA/17021/2019                             JUDGMENT DATED: 18/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 17021 of 2019


FOR APPROVAL AND SIGNATURE:


HONOURABLE MRS. JUSTICE MAUNA M. BHATT                               sd/-

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1     Whether Reporters of Local Papers may be allowed                 No
      to see the judgment ?

2     To be referred to the Reporter or not ?                          No

3     Whether their Lordships wish to see the fair copy                No
      of the judgment ?

4     Whether this case involves a substantial question                No
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                   CHIEF OFFICER, VISAVADAR NAGARPALIKA
                                    Versus
                        BIPINBHAI SAMJUBHAI RIBADIYA
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Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Petitioner(s) No. 1
MS SURBHI BHATI, LD.ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 2
MR SAMIR B GOHIL(5718) for the Respondent(s) No. 1
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    CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                              Date : 18/12/2023

                             ORAL JUDGMENT

1. This petition under Article 226 of the Constitution of India is filed for the following reliefs :

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C/SCA/17021/2019 JUDGMENT DATED: 18/12/2023

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"(A) Your Lordship be please to issuing an appropriate writ of certiorari or in the nature of certiorari or quash and set aside the judgment and order dated 12.6.2018 passed by Learned Labour Court, Junagadh below Reference Demand No.5 of 2006 and allow the present petition in the interest of justice; and

(B) Your Lordship pending admission hearing and final disposal of this petition, this Honourable Court stay as to implication, execution and operation of the Impugned Judgment and order dated 12.6.2018 passed by Learned Labour Court, Junagadh below Reference Demand No.5 of 2006 in interest of justice; and

(C) Your Lordship pending admission and final disposal of this petition the Honourable Court may be pleased to grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case."

2. The petitioner has challenged an award of the Labour Court, Junagadh, passed in Reference Demand Case No.5 of

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2006.

3. Heard Mr.Yogeshkumar Ratanpara, learned advocate for the petitioner; Mr.Samir Gohil, learned advocate for respondent No.1 and Ms.Surbhi Bhati, learned AGP for respondent No.2.

4. Mr.Samir Gohil, learned advocate for respondent No.1- workman submitted that in the petition involving similar facts, this Court vide order dated 16.01.2023, in Special Civil Application No.17017 of 2019, has directed the petitioner- Nagarpalika to forward the proposal in compliance with the award of Labour Court. In the present case also, the workman is working with very same Nagarpalika and working against the sanctioned post and only seeking regularisation. He submitted that the facts are similar to the facts in Special Civil Application No.17017 of 2019.

5. The above aspect could not be disputed by Mr.Yogeshkumar Ratanpara, learned advocate for the petitioner- Nagarpalika. He submitted that the petitioner- Nagarpalika has no objection if the similar order is passed.

6. In view of the above and considering the order dated 16.01.2023 in Special Civil Application No.17017 of 2019, the Court deems it fit to dispose of this petition by directing the

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petitioner to forward the proposal in compliance with the award dated 12.06.2018 of the Labour Court, Junagadh in Reference Demand Case No.5 of 2006, within a period of four weeks from today and the State may consider such proposal in accordance with law keeping in view the finding of the Labour Court within a further period of four weeks from the date of receipt of such proposal.

7. With the aforesaid, the petition stands disposed of. Civil Application, if any, shall also stands disposed of.

(MAUNA M. BHATT,J)

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