Gujarat State Road Transport ... vs Y.A.Mogul C/O I M Tarajia on 17 March, 2015

[Cites 0, Cited by 1]

Gujarat High Court

Gujarat State Road Transport ... vs Y.A.Mogul C/O I M Tarajia on 17 March, 2015

Author: Ks Jhaveri

Bench: Ks Jhaveri, A.G.Uraizee

          C/LPA/461/2015                                  JUDGMENT




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 LETTERS PATENT APPEAL NO. 461 of 2015
                                     In
             SPECIAL CIVIL APPLICATION NO. 23229 of 2005
                                   With
                     CIVIL APPLICATION NO. 3331 of 2015
                                     In
                 LETTERS PATENT APPEAL NO. 461 of 2015



FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE KS JHAVERI


and


HONOURABLE MR.JUSTICE A.G.URAIZEE

================================================================

1     Whether Reporters of Local Papers may be allowed to see
      the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy of the
      judgment ?

4     Whether this case involves a substantial question of law as
      to the interpretation of the Constitution of India or any order
      made thereunder ?

================================================================
    GUJARAT STATE ROAD TRANSPORT CORPORATION....Appellant(s)
                              Versus
             Y.A.MOGUL C/O I M TARAJIA....Respondent(s)
================================================================
Appearance:
MR ASHISH M DAGLI, ADVOCATE for the Appellant(s) No. 1
MR GK RATHOD, ADVOCATE for the Respondent(s) No. 1


                                  Page 1 of 3
           C/LPA/461/2015                                       JUDGMENT



MR MUKESH H RATHOD, ADVOCATE for the Respondent(s) No. 1
================================================================

          CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
                 and
                 HONOURABLE MR.JUSTICE A.G.URAIZEE

                               Date : 17/03/2015
                               ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. Admit. With the consent of both the sides, the matter is heard finally today.

2. This Letters Patent Appeal is filed against the judgment and order dated 11.07.2011 passed by the learned single Judge in the captioned writ petition by which the same was rejected.

3. We have heard learned counsel for both the sides. Admittedly, the impugned order passed by the learned single Judge is a nonspeaking order. The learned single Judge has not assigned any reasons while rejecting the writ petition filed by the appellant wherein the main relief was to quash and set aside the order passed by the Industrial Tribunal in Reference (IT) No.54 of 1990 as also the order passed by the Industrial Tribunal during pendency of reference below Exhibit34 dated 30.10.2002. In view of the aforesaid, in the fitness of things, it would be appropriate that the learned single Judge decides the matter on merits by passing a reasoned order.

4. Consequently, the appeal is partly allowed. The impugned Page 2 of 3 C/LPA/461/2015 JUDGMENT order dated 11.07.2011 passed by the learned single Judge is quashed and set aside and the matter is remanded to the learned single Judge with a request to consider the same afresh, by passing a reasoned order, after hearing both the sides. With the above direction, the appeal stands disposed of. The civil application stands disposed of accordingly.

(K.S.JHAVERI, J.) (A.G.URAIZEE,J) Pravin Page 3 of 3

Legal Document View

Unlock Advanced Research with PRISMAI

Gujarat High Court