Gujarat High Court
A.K Patel Deputy Commissioner Of Labour ... vs Pk Vasavda & Ors Deputy Commissioner Of ... on 11 March, 2014
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/224/2007 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 224 of 2007
In SPECIAL CIVIL APPLICATION NO. 3106 of 1995
With
LETTERS PATENT APPEAL NO. 225 of 2007
In
SPECIAL CIVIL APPLICATION NO. 2426 of 1995
=========================================
A.K PATEL DEPUTY COMMISSIONER OF LABOUR SINCE
DECD.THR'HEIRS....Appellant(s)
Versus
PK VASAVDA & ORS DEPUTY COMMISSIONER OF LABOUR &
4....Respondent(s)
=========================================
Appearance:
MR PRABHAKAR UPADYAY, ADVOCATE for the Appellant(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 4
NANAVATI & NANAVATI, ADVOCATE for the Respondent(s) No. 1 3
RULE SERVED BY DS for the Respondent(s) No. 5
=========================================
CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 11/03/2014
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI) By way of filing this appeal, the appellant - original Respondent No.3 has challenged common judgment and order dated 23 rd February 2007 passed by the learned Single Judge in Special Civil Application No.3106 of 1995 and 2426 if 1995 whereby the learned Single Judge has allowed the writ petitions filed by the petitioners.
This Court while admitting the present appeals passed the following order on 7th March 2007 in Civil Applications for stay, which reads as under:
"Rule returnable on 4th April 2007. In the meantime, there shall be adinterim stay of the directions given by the Page 1 of 3 C/LPA/224/2007 ORDER learned single Judge in paras 25 and 27 of the judgment under challenge in these appeals, with following further ad interim directions:
1. The respondent authorities i.e. the State of Gujarat and the Commissioner of Labour shall, without prejudice to the rights and contentions of the parties, work out seniority of the officers in the cadre of Government Labour Officers on the basis as if the appellant Mr.A.K.Patel was appointed as a Government Labour Officer pursuant to the advertisement issued by the GPSC in the year 1976, and was placed at the bottom of the select list from which appointments were made in the year 1977.
1. On the basis of the above seniority position in the cadre of Government Labour Officers, the authorities shall also prepare provisional revised seniority lists for the cadres of Assistant Labour Commissioners and Deputy Labour Commissioners as on today.
2. It is clarified that this exercise shall be undertaken without prejudice to the rights and contentions of any of the parties and shall be placed before the Court on the next date of hearing for the purpose of enabling the Court to pass appropriate orders after hearing all the concerned and affected parties.
Direct service is permitted."
As a result of hearing and perusal of records, we are of the opinion that interest of justice would be met by continuing the interim relief granted in the Civil Applications in the present appeals more Page 2 of 3 C/LPA/224/2007 ORDER particularly when the original appellant has expired during the pendency of these proceedings. Accordingly, the present appeals are allowed in terms of order dated 7th March 2007 passed in Civil Applications in these appeals. It is made clear that since the original appellant has worked on the post, no recover shall be effected from the appellant. The order of the learned Single Judge shall stand modified in terms of the interim order. No order as to costs.
Sd/ (K.S.JHAVERI, J.) Sd/ (A.G.URAIZEE, J.) mohd Page 3 of 3