Gujarat High Court
Oil And Natural Gas Corporation Ltd vs Gujarat Petroleum Employees Union & on 22 April, 2015
Author: Jayant Patel
Bench: Jayant Patel, G.B.Shah
C/LPA/327/2003 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 327 of 2003
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE JAYANT PATEL
and
HONOURABLE MR.JUSTICE G.B.SHAH
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of
the judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?
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OIL AND NATURAL GAS CORPORATION LTD....Appellant(s)
Versus
GUJARAT PETROLEUM EMPLOYEES UNION & 1....Respondent(s)
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Appearance:
M/S TRIVEDI & GUPTA, ADVOCATE for the Appellant(s) No. 1
MR TR MISHRA, ADVOCATE for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL
and
HONOURABLE MR.JUSTICE G.B.SHAH
Page 1 of 3
C/LPA/327/2003 JUDGMENT
Date : 22/04/2015
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The present appeal is directed against the order dated 12-3- 2003 passed by the learned Single Judge of this Court in Special Civil Application No.687 of 2003 whereby the learned Single Judge has suspended the educational qualification fixed for the Security Personnel (unarmed category).
2. We have heard learned counsel, Mr.Naik for M/s Trivedi and Gupta for the appellant and Mr.Mishra for the respondent Union.
3. It is an admitted position that the main Special Civil Application is pending before the learned Single Judge for final disposal and the present appeal is against the interim order passed by the learned Single Judge. It appears that when the present appeal came to be preferred, this Court vide order dated 29-9-2003 had admitted the appeal and the order of the learned Single Judge dated 12-3-2003 was stayed. The said stay has continued till today and resultantly interim order passed by the learned Single Judge has not been put to life.
4. As the period of about 12 years has passed, learned counsel for both the sides are of the consensus on the point that let the learned Single Judge finally dispose of the matter as early as possible since the petition is of 2003 and about 12 years time has passed and till then, interim relief granted earlier in the present appeal be continued.
5. Considering the facts and circumstances, it appears that when the main matter is pending for about 12 years and the interim relief granted in the present appeal has also continued for about 12 years, instead of examining the merits of the matter, which might prejudice the rights of the either Page 2 of 3 C/LPA/327/2003 JUDGMENT side in the main Special Civil Application which is yet to be finalized by the learned Single Judge, it would be just and proper to continue the interim relief by observing that the either side shall be at liberty to move before the learned Single Judge for early hearing of the matter and we are sure that if such a request is made, the learned Single Judge shall decide the Special Civil Application at the earliest.
6. Hence, ordered accordingly. The appeal is disposed of.
(JAYANT PATEL, J.) (G.B.SHAH, J.) RADHAN Page 3 of 3