SCA/845/1998 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 845 OF 1998 For Approval and Signature: HONOURABLE MR.JUSTICE R.S.GARG ====================================== 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 ? ====================================== BHIKHABHAI CHELAJI THAKOR & ANR. - Petitioner(s) Versus STATE OF GUJARAT & ORS. - Respondent(s) ====================================== Appearance : Shri P. H. Pathak for Petitioner(s) : 1 - 2. Ms. Manisha Lavkumar, Assistant Government Pleader for Respondents. ====================================== CORAM : HONOURABLE MR.JUSTICE R.S.GARG Date : 01/08/2007 ORAL JUDGMENT 1. The parties submit that the matter can be disposed of in SCA/845/1998 2/3 JUDGMENT terms of the order dated 4th July, 2007 passed by this Court in Special Civil Application No.11013 of 1998 (Indrasinh Shivsinh Zala & Anr. vs. Chief Conservator of Forest & Anr.). 2. In view of the above submission made by the parties, the petition is, accordingly, disposed in the following terms: [a] It is open for the petitioners to approach the machinery under the Industrial Disputes Act, 1947. [b] Accordingly, the petitioners shall approach the Conciliation Officer with respect to their claims and/or demands, for which, prayer made in the present petition in prayer Clause [A] and [B] within six weeks from the date of receipt of the copy of this order. [c] The Conciliation Officer shall submit appropriate report within three months from the date of hearing the parties after taking into consideration their rival contentions and objections, if any. [d] In case the failure report is drawn by the Conciliation Officer, in that event, the appropriate Government shall SCA/845/1998 3/3 JUDGMENT take decision by passing appropriate order of making a reference, at an early date, within four weeks from the date of receipt of such failure report. (e) The ad interim order granted by this Court on 10th February, 1998 shall remain in force and operation for a further period of one month from the date on which the appropriate Government takes a decision and communicate to the petitioners by registered post. It is expected of the appropriate Government to decide the matter at its earliest because the interim order granted by this Court shall operate against its interest. Rule is made absolute to the aforesaid extent. No costs. [R.S.Garg, J.] kamlesh*