Gujarat High Court
Chief Officer, Visavadar ... vs Maheshbhai Prahladbhai Joshi on 16 January, 2023
Bench: A.Y. Kogje
C/SCA/17017/2019 JUDGMENT DATED: 16/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17017 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 17017 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE 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
MAHESHBHAI PRAHLADBHAI JOSHI
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Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Petitioner(s) No. 1
MS NIRALI SARDA, AGP for the Respondent(s) No. 2
MR SAMIR B GOHIL(5718) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 16/01/2023
ORAL JUDGMENT
1. This petition under Article 226 of the Constitution of India
is filed for the following reliefs :
C/SCA/17017/2019 JUDGMENT DATED: 16/01/2023
"(A) Your Lordship be pleased to issue an appropriate writ
of certiorari or in the nature of certiorari or quash and set
aside the judgment and order dated 1.1.2018 passed by
Learned Labour Court, Junagadh below Reference Demand
No.22 of 2013 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 1.1.2018 passed by Learned
Labour Court, Junagadh below Reference Demand No.22 of
2013 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. By way of this petition, the petitioner has challenged the
award of the Labour Court, Junagadh, passed in Reference
Demand Case No.22 of 2013.
3. After the challenge before this Court, it is recorded in the
order dated 15th September 2021 that the petitioner has no
objection to implement the judgment and award dated 1 st
January 2018 provided necessary sanctions from the State
Government is received.
C/SCA/17017/2019 JUDGMENT DATED: 16/01/2023
4. At this stage, learned advocate Mr.Samir Gohil appearing
for the respondent-workman states that the respondent-
workman was, in fact, working against a sanctioned post and
was only seeking regularization. According to the learned
advocate for the respondent, as on date also there is a
sanctioned post vacant and available and, therefore, there would
be no difficulty in adjusting the respondent-workman against
such sanctioned vacant post after being regularized.
5. Considering the aforesaid, more particularly the stand of
the petitioner recorded in the order dated 15 th September 2021,
the Court deems it fit to dispose of this petition by directing the
petitioner to forward the proposal in compliance with the award
of the Labour Court in Reference Demand Case No.22 of 2013 by
Industrial Tribunal, Junagadh, 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 Industrial
Tribunal within a further period of four weeks from the date of
receipt of such proposal.
6. With the aforesaid, the petition stands disposed of. Civil
Application, if any, shall also stands disposed of.
(A.Y. KOGJE, J.)
/MOINUDDIN
