Gujarat High Court

SCA/2424/1998 of MUNICIPAL PANCHAYAT EMPLOYMENTUNION Vs COMMISSIONER OF LABOUR (STATE) on 13 November 1998

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HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No.2424 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.2424 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 1 to 5 : NO

-------------------------------------------------------------- MUNICIPAL PANCHAYAT EMPLOYMENTUNIONVersus COMMISSIONER OF LABOUR (STATE) -------------------------------------------------------------- Appearance: MR PH PATHAK for Petitioner MR MI PATEL for Respondent No. 3

-------------------------------------------------------------- CORAM : MR.JUSTICE N.N.MATHUR Date of decision: 13/11/98 ORAL JUDGEMENT : Rule.

2. Services of the petitioner, workmen were terminated. As such an industrial dispute was raised, which culminated into reference to the Labour Court, Kalol. The Labour Court made award dated 7.6.1996 directing the respondent, Nagar Palika to reinstate the workman as Class III employees with 50 per cent back wages.

3. The grievance of the petitioner union is that though the workmen were reinstated, they have not been taken as Class III employees. It is also submitted that a complaint has been made to the Commissioner of Labour, but no action has been taken thereon.

4. Considering all the facts and circumstances of the case, it is directed that respondent no.1, Commissioner Labour (State of Gujarat), Shram Bhavan, Ahmedabad shall take appropriate action on the said complaint in accordance with law within the period of three months from the date of receipt of writ of this judgement.

5. The petition is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. No order as to costs.

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karim*

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