Gujarat High Court

SCA/5574/1996 of VARSHA V GANDHI Vs GAS AUTHORITY OF INDIA LIMITED on 11 December 1996

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HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 5574 of 1996 For Approval and Signature: Hon'ble MR.JUSTICE M.R.CALLA ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No 5574 of 1996

For Approval and Signature:

Hon'ble MR.JUSTICE M.R.CALLA

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1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question 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? ��Nos. 1 to 5 No. -------------------------------------------------------------- VARSHA V GANDHI

Versus GAS AUTHORITY OF INDIA LIMITED -------------------------------------------------------------- Appearance: MR BS PATEL for Petitioners MR.UDAY VYAS FOR M/S TRIVEDI & GUPTA for Respondent No. 1 MR.D.M.PARIKH FOR Respondent No.2 — -------------------------------------------------------------- CORAM : MR.JUSTICE M.R.CALLA Date of decision: 11/12/96

ORAL JUDGEMENT The learned counsel for both the sides submit that this Special Civil Application may be finally decided in terms of the order passed on 8.7.1996 in Special Civil Application No. 3713 of 1996 which too was based on earlier decision in Special Civil Application Nos. 10398 of 1995 and 4575 of 1995 on 17.6.1996. Accordingly as requested by both the sides, the following order is passed in this case.

Mr.Vyas appearing for respondent No.1 has stated that the employees who are already continuing with the Gas Authority of India with respondent No.2 contractor shall be continued in service at least upto 31.12.1996

and so long as contract subsists even beyond 31.12.1996.

This position is agreed by Mr. Parikh also who is representing the contractor. Learned counsel Mr.B.S.Patel for the petitioners seeks leave to withdraw this Special Civil Application in order to seek alternative remedy for all the grievances raised in this petition. This Special Civil Application is therefore dismissed as withdrawn with liberty to the petitioners to avail alternative remedy available to them under the relevant law. Rule is hereby discharged. Interim relief shall stand automatically vacated. It will be open for the petitioners to make prayer before the concerned Contract Labour Advisory Board to expedite the matters before 31.12.1996.

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