Gujarat High Court
SCA/4060/1998 of MUKESHKUMAR BHOLANATH RAVAL Vs OIL AND NATURAL GAS CORPN LTD. on 6 November 1998
HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4060 of 1998 For Approval and Signature: Hon'ble MR.JUSTICE N.N.MATHUR ============================================================ 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 4060 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?
-------------------------------------------------------------- MUKESHKUMAR BHOLANATH RAVAL
Versus
OIL AND NATURAL GAS CORPN LTD.
-------------------------------------------------------------- Appearance:
MR MS RAO for Petitioners
SERVED BY RPAD - (N) for Respondent No. 1
MR RAVI R TRIPATHI for Respondent No. 2
NOTICE SERVED BY DS for Respondent No. 3
-------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR
Date of decision: 06/11/98
ORAL JUDGEMENT
Having heard the learned Advocates appearing for the respective parties and perusing the affidavits filed by them, if the following directions are given without prejudice to the rights and contentions of the parties, that would, in my opinion, serve the ends of justice.
i) The petitioners shall approach the Conciliation Officer with respect to their demands for which the present petition is filed.
(ii) The Conciliation Officer shall submit an appropriate report within three months from the date of hearing of the parties after taking into consideration their rival contentions and objections:
(iii) In case failure report is drawn by the Conciliation Officer, in that event, the appropriate Government shall take decision by passing appropriate order of making a reference or refusing to make the order of reference within four weeks from the date of receipt of the report. Till such decision is taken by the appropriate Government, interim relief granted by this Court shall continue.
(iv) In case of the appropriate Government refusing to pass the order of reference, the interim relief presently granted by this Court shall continue for further period of two weeks.
(v) In case the present contract between the principal employer as well as the contractor comes to an end or for oany other reason and if the Corporation discontinues the presenta contractor, it will be open for the principal employer to award fresh contract by inserting a clause that the new contractor will continue the present petitioner during the continuation of interim relief. It is clarified that it will be present petitioner during the continuation of interim relief. It is clarified that it will be open for the concerned contractor to take appropriate disciplinary action against the petitioners in case of their involvement in any misconduct including absenteeism in accordance with law.
In view of these directions, nothing further is required to be done in this petition. This petition stands disposed of accordingly. Notice discharged. Order of interim relief is vacated subject to directions given in this order.
6.11.98����[N N Mathur, J]
msp.