Gujarat High Court
Divisional Controller vs Pravinchandra Manilal Bhatt on 27 February, 2003
Author: Ravi R. Tripathi
Bench: Ravi R.Tripathi
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 12179 of 2002
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DIVISIONAL CONTROLLER
Versus
PRAVINCHANDRA MANILAL BHATT
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Appearance:
1. Special Civil Application No. 12179 of 2002
MR HS MUNSHAW for Petitioner No. 1
.......... for Respondent No. 1
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CORAM : MR.JUSTICE RAVI R.TRIPATHI
Date of Order: 27/02/2003
ORAL ORDER
Gujarat State Road Transport Corporation has challenged the judgement and award passed in Reference (ITN) No.377 of 1998 dated 5.1.2002 by the learned Member of Industrial Tribunal, Nadiad through its Divisional Controller of Valsad Division. Mr.Munshaw, the learned advocate submitted that the respondent, workman was not on the select list and that he was not selected according to the Recruitment Rules, therefore, he was not entitled to the benefits of settlement. He further submitted that the benefits which are granted by the learned Member of the Industrial Tribunal could not have been granted for the period prior to the date of making reference. In this connection he relied upon a decision rendered by the Division Bench of this Court (Coram: B.C. Patel & D.H. Waghela, JJ.) dated 28.2.2000 in Letters Patent Appeal No.1740 of 1999. Mr.Munshaw, the learned advocate wants time to place on record the details as to in what circumstances the respondent workman remained to be non selected. There are two possibilities; (i) that after the workman was intimated about the selection he did not participate in the selection, (ii) having participated in selection he did not get selected. Mr.Munshaw wants time to produce relevant material on record and if necessary to amend the petition accordingly. Adjourned to 12.3.2003.
(Ravi R. Tripathi, J.) karim