Gujarat High Court
Manager Rallis India Ltd vs Kanjibhai Karamshibhai on 19 February, 2013
Author: K.S. Jhaveri
Bench: Ks Jhaveri
MANAGER RALLIS INDIA LTD.....Petitioner(s)V/SKANJIBHAI KARAMSHIBHAI PARMAR C/SCA/22105/2005 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 22105 of 2005 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE KS JHAVERI ================================================================ 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, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================================ MANAGER RALLIS INDIA LTD.....Petitioner(s) Versus KANJIBHAI KARAMSHIBHAI PARMAR & 1....Respondent(s) ================================================================ Appearance: MR PALAK H THAKKAR, ADVOCATE for the Petitioner(s) No. 1 MR TR MISHRA, ADVOCATE for the Respondent(s) No. 1 MR UT MISHRA, ADVOCATE for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE KS JHAVERI Date : 19/02/2013 ORAL JUDGMENT
By way of this petition, the petitioner has challenged the order dated 29.10.2005 passed by the Industrial Court below application for interim relief in Misc. Application No. 7 of 2005 in Appeal (LC) No. 36 of 2003 whereby the Industrial Court stayed the transfer order dated 20.10.2005 passed by the petitioner.
2. The facts of the case, in brief, are that in the year 1998 the respondent was appointed as a Supervisor Maintenance in Supervisory I Cadre. The services of the respondent was confirmed on 10.12.1998. The services of the respondent are governed by the terms and conditions of Services of Staff in Supervisory I Cadre which was accepted by the respondent. On 26.7.2001 the services of the respondent were transferred from Rallis India Ltd., Ankleshwar Unit-II to Ankleshwar Unit I. Thereafter, he was transferred to Turbhe, Mumbai vide order dated 20.10.2005. The respondent filed Miscellaneous Application No. 7 of 2005 in Appeal (LC) No. 36 of 2003 along with a stay application before the Industrial Court. The Industrial Court passed the order as aforesaid. Hence the petitioner is before this Court.
3. Pending the appeal, the interim relief granted earlier by this Court will remain to continue. The Industrial Court is directed to dispose of the appeal within a period of three months from the date of receipt of this order. The petition stands disposed of accordingly. Rule is made absolute to the aforesaid extent. No order as to costs.
(K.S. JHAVERI, J.) (pkn) Page 2 of 2