Gujarat High Court
Glorious Petroleum Mazdoor Sangh vs Vishwanbi Security Agency Pvt Ltd & 3 on 18 June, 2014
Author: Vijay Manohar Sahai
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/LPA/546/2014 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 546 of 2014
In
SPECIAL CIVIL APPLICATION NO. 5473 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI Sd/-
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA Sd/-
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1. Whether Reporters of Local Papers may be NO
allowed to see the judgment ?
2. To be referred to the Reporter or not ? NO
3. Whether their Lordships wish to see the fair NO
copy of the judgment ?
4. Whether this case involves a substantial NO
question of law as to the interpretation of the
constitution of India, 1950 or any order made
thereunder ?
5. Whether it is to be circulated to the civil judge NO
?
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GLORIOUS PETROLEUM MAZDOOR SANGH....Appellant
Versus
VISHWANBI SECURITY AGENCY PVT LTD & 3....Respondents
=========================================
Appearance :
MR K R MISHRA, ADVOCATE for the Appellant.
MR AK CLERK, ADVOCATE for the Respondent No.1.
MR RITURAJ M MEENA, ADVOCATE for the Respondent No.3
NOTICE SERVED BY DS for the Respondent No.4.
UNSERVED-REFUSED (N) for the Respondent No.2.
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CORAM: HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Page 1 of 4
C/LPA/546/2014 JUDGMENT
Date : 18/06/2014
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)
1. We have heard Mr. K.R. Mishra, learned counsel appearing for the appellant, Mr. A.K. Clerk, learned counsel appearing for the respondent No.1 and Mr. Rituraj Meena, learned counsel appearing for the respondent Nos.2 & 3.
2. This Letters Patent Appeal has been filed challenging the interim order granted by learned Single Judge dated 17.4.2014 in Special Civil Application No.5473 of 2014 by which the learned Single Judge has stayed the impugned order dated 26.3.2014 passed by the Central Government Industrial Tribunal-cum-Labour Court, Ahmedabad on application Exh.7 in Reference (CGITA) No.52 of 2013.
3. The Division Bench of this Court by order dated 1.4.2014 passed in Letters Patent Appeal No.1057 of 2013 has held that Letters Patent Appeal against interlocutory order is not maintainable. The said judgment is extracted below :-
"The present Letters Patent Appeal has been filed against an interlocutory order passed by the learned single Judge in the captioned petition. In view of the decision rendered by the Full Bench of this Court in Gujarat State Road Transport Corporation v. Firoze M. Mogal and Another, 2014(1) G.L.H. 47, this appeal is not maintainable. Hence, the appeal stands disposed of. Interim relief, if any, stands vacated."
4. Another Division Bench of this Court by order dated 12.3.2014 passed in Letters Patent Appeal No.334 of 2014 has held Page 2 of 4 C/LPA/546/2014 JUDGMENT that Letters Patent Appeal against such interim order is not maintainable. The said judgment is extracted below :-
"1. By way of this appeal, the appellant has challenged the interim order passed by the learned Single Judge, Dated : 11.04.2012, in SCA No. 2012 of 2012.
2. Heard. Mr. Joshi, learned Advocate for the appellant, submitted that the judgment of the Full Bench of this Court rendered in Letters Patent Appeal No. 1149 of 2002, Dated : 26.12.2013, in the case of "GUJARAT STATE ROAD TRANSPORT CORPORATION VS. FIROZE M MOGAL & OTHERS" and the allied matters, will not apply to the facts of the case on hand, since, learned Single Judge has granted the interim relief, which amounts to granting of final relief and which is beyond the scope of the writ-petition.
3. We are unable to accept the aforesaid submission of Mr. Joshi, since, as per Section 179 of the Gujarat High Court Rules, interim reliefs granted by this Court are not writs. Hence, in view of the Full Bench decision of this Court, this appeal is DISMISSED summarily, as being without merit.
4. Since, main matter is dismissed, Civil Application shall not survive and it stands DISPOSED OF, accordingly."
5. The Five Judges Full Bench of this Court in Gujarat State Road Transport Corporation v. Firoze M. Mogal and Page 3 of 4 C/LPA/546/2014 JUDGMENT another, 2014 (3) GLH 47 has also held that Letters Patent Appeal challenging the order passed by the Labour Court is not maintainable.
6. In view of the aforesaid judgments, this Letters Patent Appeal is not maintainable and is accordingly dismissed as not maintainable with a liberty to the appellant to seek his remedy in an appropriate forum. Interim relief granted earlier stands vacated.
Sd/-
(V.M.SAHAI, J.) Sd/-
(R.P.DHOLARIA, J.) Savariya Page 4 of 4