Gujarat High Court
SCA/8611/1997 of GANDHINAGAR DISTRICT PANCHAYAT Vs TAKHUBEN UDAJI GOHEL on 10 November 1998
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No.8611 of 1997 WITH CIVIL APPLICATION No.3872 OF 1998 ** For Approval and Signature: Hon'ble MR.JUSTICE N.N.MATHUR ============================================================ 1. Whether Reporters of Local Papers may be allowed to see
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No.8611 of 1997
WITH
CIVIL APPLICATION No.3872 OF 1998
**
For Approval and Signature:
Hon'ble MR.JUSTICE N.N.MATHUR
============================================================
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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?
1 to 5 : NO
-------------------------------------------------------------- GANDHINAGAR DISTRICT PANCHAYATVersus TAKHUBEN UDAJI GOHEL -------------------------------------------------------------- Appearance: MR HS MUNSHAW for Petitioner MR LM CHHABLANI for Respondent No. 1
-------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR
Date of decision: 10/11/98
COMMON ORAL JUDGEMENT :
Heard the learned counsel for the parties. Shri Munshaw, learned counsel for the petitioner states that the petitioner, Gandhinagar District Panchayat, is prepared to reinstate the respondent, Takhuben U. Gohel the petitioner, Gandhinagar District Panchayat, is prepared to reinstate the respondent, Takhuben U. Gohel in the Primary Health Centre on hourly basis and she will be paid as per the Government regulations. Shri Munshaw, learned counsel for the petitioner makes the above statement on the basis of letter dated 24.8.1998.
2. Considering all the facts and circumstances of the case, particularly in view of the fact that the respondent was appointed on compassionate grounds, she is not entitled to back wages. In view of the aforesaid, the order of the Labour Court, Ahmedabad dated 9.9.1997, in Reference (LCA) No.1801 of 1995, Annexure 'D' to the petition, is modified to the extent of striking down the direction of back wages and continuity of service. The net result is that the order of the Labour Court directing reinstatement is kept intact.
3. The petition is allowed partly. Rule is made absolute partly to the aforesaid extent. No order as to costs.
4. No orders on Civil Application No.3872 of 1998.
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karim*