SCA/4938/1987 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4938 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 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 ? ========================================================= V H PANDYA & 12 - Petitioners Versus SECRETARY & 2 - Respondents ========================================================= Appearance : MR DS VASAVADA for Petitioners. MR MD PANDYA for Respondent(s) : 1 - 2. RULE SERVED for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 20/02/2008 ORAL JUDGMENT The petitioners have approached this Court, making the following prayers :- “(A) The Hon'ble Court be pleased to allow this SCA/4938/1987 2/3 JUDGMENT petition with costs by issuing a suitable and appropriate writ to the respondent Nos.1 and 2 under Article 226 of the Constitution. (B) To please hold that the petitioners were not apprentices and joined as employee of the Board as the respondent No.2 was in need of the turner and instrument mechanic. (C) To please hold that the action of the respondent No.1 in paying Rs.300/- to the petitioner is arbitrary, illegal, violative of Articles 14 and 16 of the Constitution of India and also violative of the provisions contained in Equal Pay for Equal work. (D) To direct the respondents Nos.1 and 2 to pay the same amount of wages as it is being paid to the regular turner and instrument mechanic along with the overtime. (E) To please hold that the action of the respondents Nos.1 and 2 in terminating the services of the petitioner is arbitrary, illegal and in violation of Articles 14 and 16 of the Constitution of India; (F) To please further hold that the action of the respondent Nos.1 and 2 in terminating the services of the workman w.e.f. 1st October, 1987 is in contravention of S.25(F) of I.D.Act, 1947; SCA/4938/1987 3/3 JUDGMENT (G) To direct the respondent to continue the petitioners in employment alternatively to further direct the respondent Nos.1 and 2 to recruit the petitioners on NMR basis as 13 posts are sanctioned. (H) Pending hearing and final disposal of this petition, the respondent No.2 may be restrained from terminating the services of the petitioners.” 2. Heard learned advocate Mr.D.S.Vasavada for the petitioners. 3. The petitioners claim that they were appointed on regular posts by the respondent-Board, as against the case of the respondent-Board that they were apprentices and not employees. This would call for establishing disputed questions of fact by leading evidence. Further, the petitioners do have an alternative remedy. Under the circumstances, this Court is not inclined to exercise its extraordinary writ jurisdiction in favour of the petitioners. The petition must fail. Stands dismissed. Rule is discharged. No costs. [A.L.DAVE,J.] (patel)