Gujarat High Court
Taleshkumar Maganbhai Patel & 45 vs Ahmedabad Municipal Corporation ... on 22 December, 2014
Author: Rajesh H.Shukla
Bench: Rajesh H.Shukla
C/CA/13914/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 13914 of 2014
In
SPECIAL CIVIL APPLICATION NO. 11441 of 2012
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TALESHKUMAR MAGANBHAI PATEL & 45....Applicant(s)
Versus
AHMEDABAD MUNICIPAL CORPORATION THRO'COMMISSIONER &
1....Respondent(s)
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Appearance:
SR. ADVOCATE MR. Y. N. OZA with MS. NIMISHA SHARMA,
ADVOCATE for the Applicant(s) No. 1 46
GOVERNMENT PLEADER for the Respondent(s) No. 2
MR KAMAL TRIVEDI, ADVOCATE GENERAL with MR DEEP D VYAS,
ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 22/12/2014
ORAL ORDER
Present Civil Application is filed for direction as prayed for, on the grounds stated in the application.
Heard learned Senior Counsel Shri Y. N. Oza appearing with learned Advocate Shri Nimisha Sharma for the applicants and learned Senior Counsel and Advocate General Shri Kamal Trivedi appearing with learned Advocate Shri Deep Vyas for the Respondents.
The issue which is required to be considered is whether the petitioners who claimed for implementation of circular dated 06.12.2014 and also claimed to be fulltime daily rated workers can refuse to sign sammati patrak, which has been envisaged and provided in the settlement. It is required to be noted that as stated by learned Senior Counsel and Advocate General Shri Kamal Trivedi, the settlement has been arrived at pending the petition, as stated in the Page 1 of 3 C/CA/13914/2014 ORDER affidavit and it has reference to such stipulation and conditions with regard to procedure to be followed to be eligible for claiming the benefit as fulltime daily rated employees. Therefore, if the settlement is arrived at by the Union whether the individual member or otherwise can join issue that they can continue to have claim for fulltime daily rated employees, but would not fulfill the requirement recorded at the time of settlement.
Learned Senior Counsel Shri Y. N. Oza has also voiced the apprehension about termination of the applicants.
Learned Senior Counsel and Advocate General Shri Kamal Trivedi has stated that there is no question of termination. However, as the statement has been made by learned Senior Counsel and Advocate General Shri Kamal Trivedi has to be accepted. At the same time, the applicants cannot approbate and reprobate that they would claim the benefit or the advantage under the settlement without signing and accepting the terms and conditions stated in the settlement.
In the facts and circumstances, considering the papers as well as earlier orders passed by the Coordinate Bench (Coram: Hon'ble Smt. Justice Abhilasha Kumari) the order of status quo, which has been passed, will continue particularly in light of the statement made by learned Advocate General Shri Kamal Trivedi that the termination of these applicantspetitioners will not be made and they will continue. Learned Senior Counsel Shri Y. N. Oza however submitted that it may be considered at the time of hearing of main matter, as the petitioners cannot be compelled to sign any such sammati patrak. In the circumstances, prayers as prayed for in the Civil Application cannot be granted and present Civil Application stands disposed of without prejudice to the rights and contentions of both the sides.
Page 2 of 3 C/CA/13914/2014 ORDERWith the aforesaid observation and direction, present Civil Application stands disposed of.
Therefore, main matter being Special Civil Application No.11441 of 2012 is adjourned to 9th January, 2015.
(RAJESH H.SHUKLA, J.) Tuvar Page 3 of 3