SCA/2779/2001 of AKHIL GUJARAT VIDHYUT KAMDAR SANGH Vs GEB THROUGH CHAIRMAN on 24 December 2001

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 2779 of 2001

For Approval and Signature:

Hon'ble MR.JUSTICE D.H.WAGHELA

============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- AKHIL GUJARAT VIDHYUT KAMDAR SANGHVersus GEB THROUGH CHAIRMAN -------------------------------------------------------------- Appearance: MR TR MISHRA for Petitioner No. 1 MR DR DAVE for MR AD OZA for Respondent No. 1 -------------------------------------------------------------- CORAM : MR.JUSTICE D.H.WAGHELA

Date of decision: 24/12/2001

ORAL JUDGEMENT

Rule. The learned counsel Mr.D.R.Dave for Mr.A.D.Oza waives service of rule.

2. Heard the learned counsel.

3. There was a broad consensus that the arrangement of charging token fees as modified by the order of this Court dated 04.05.2001 is required to be allowed to continue atleast for one year. And, thereafter, if there is a necessity to review or to revise the arrangement or the rates, the respondent should issue notice under Section 9-A of the Industrial Disputes Act, whereupon it would be open for the workman to raise an industrial dispute or to take necessary action. Thus, the arrangement as mentioned above, in accordance with the interim order dated 04.05.2001, is ordered to continue atleast till 31st March, 2002. Accordingly, the petition stands partly allowed and Rule is made absolute in terms of the order dated 04.05.2001 for the period and on the understanding as recorded hereinabove. The petition stands disposed with no order as to costs.

�����(D.H.Waghela, J)

'Bhavesh'