Gujarat High Court
Gujarat Electricity Board & vs Gujarat Electricity Employees Union & on 25 February, 2014
Author: Ks Jhaveri
Bench: Ks Jhaveri, A.G.Uraizee
C/LPA/1076/2003 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1076 of 2003
In SPECIAL CIVIL APPLICATION NO. 1779 of 2003
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GUJARAT ELECTRICITY BOARD & 1....Appellant(s)
Versus
GUJARAT ELECTRICITY EMPLOYEES UNION & 1....Respondent(s)
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Appearance:
MR SN SHELAT, SENIOR COUNSEL WITH MS LILU K BHAYA, ADVOCATE
for the Appellant(s) No. 1 - 2
MR TR MISHRA, ADVOCATE for the Respondent(s) No. 2
MS ASHA H GUPTA, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 25/02/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE KS JHAVERI)
1. The paper book supplied by Ms. Lilu K. Bhaya, learned advocate for the appellants today is taken on record.
2. The present appeal has been filed challenging the judgement and order dated 17.09.2003 passed by the learned Single Judge in Special Civil Application No. 1779 of 2003.
3. In light of the recent decision of the Full Bench of this Court in the case of Gujarat State Road Transport Corporation vs. Firoze M. Mogal and Another reported Page 1 of 2 C/LPA/1076/2003 ORDER in 2014 (1) GLH 1, appeal is not maintainable as the appellant has not made the concerned Tribunal as a party in the writ petition.
4. We, however, clarify that the appellant shall be at liberty to challenge the impugned order of the learned Single Judge before the appropriate forum and accordingly the delay occurred in challenging the impugned order of the learned Single Judge before the appellate authority would not come in the way of the appellant. We have not entered into the merits of the matter.
5. However, if an application is moved by either side to expedite the reference of the year 2001, the Industrial Tribunal shall expedite the proceedings and shall try to dispose of the reference as soon as possible preferably within a period of one year from the date of receipt of the application as well as writ of this Court.
6. With these observations, present appeal is disposed of. Interim relief, if any, shall continue for a period of twelve weeks from today.
(K.S.JHAVERI, J.) (A.G.URAIZEE,J) divya Page 2 of 2