Gujarat High Court
Manubhai Dahyabhai Valand vs Gujarat State Land Developmentcorpn. ... on 5 December, 2019
Author: A. S. Supehia
Bench: A.S. Supehia
C/SCA/6268/2004 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6268 of 2004
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MANUBHAI DAHYABHAI VALAND & 4 other(s)
Versus
GUJARAT STATE LAND DEVELOPMENTCORPN. LTD & 2 other(s)
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Appearance:
(MR KS ACHARYA) for the Petitioner(s) No. 1,3,4,5
MS NANDINI JOSHI(1210) for the Petitioner(s) No. 2
for the Respondent(s) No. 3
MR HS MUNSHAW(495) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE A.S. SUPEHIA
Date : 05/12/2019
ORAL ORDER
It appears that employees of the respondent corporation being 297 employees including 10 persons who were on deputation and their union had approached this court by filing Special Civil Application No. 4847 of 1991 and Special Civil Application No. 353 of 1987 seeking direction on the respondents not to terminate their service. Special Civil Application No. 353 of 1987 was filed by the Union representing all these employees, who were working as part timers. The Union of this employees along with other employees in the aforesaid writ petition had prayed for regularizing their service. By the judgment and order dated 27.03.2002, the Coordinate Bench of this court directed the respondent corporation to regularize the service of the petitioners therein and to pay actual difference of salary arising out of such last regularization w.e.f. 01.01.1996. It was ultimately directed that such employees shall be Page 1 of 2 Downloaded on : Fri Dec 06 23:03:59 IST 2019 C/SCA/6268/2004 ORDER regularized after completion of ten (10) years of service. The aforesaid judgment and order was carried out by the respondent corporation in appeal being Letters Patent Appeal No. 1151 of 2002, which was dismissed by the Division Bench of this court vide order dated 19.07.2003. The corporation carried out the said judgment and order dated 19.07.2003 challenging before the Apex Court by way of filing Civil appeal Nos. 5880 and 5881 of 2004. The appeals filed by the corporation were allowed and judgment of the Coordinate Bench as well as Division Bench of this Court were set aside in view of the decisions of the Apex Court in the cases of Secretary of State of Karnataka & Ors. Vs. Umadevi & Ors., 2006 (4) SCC 01 and State of Punjab & Anr. Vs. Surjit Singh & Ors., 2009(9) SCC 514.
In view of the aforesaid proceedings, learned advocate Ms.Nandini Joshi shall take specific instructions whether the petitioner No.2 - G.A Malek was member of the Union, which had approached this court in the earlier rounds of litigation or not. Necessary information shall be taken on or before the next date of hearing.
The matter is kept on 12.12.2019.
(A. S. SUPEHIA, J) NVMEWADA Page 2 of 2 Downloaded on : Fri Dec 06 23:03:59 IST 2019