SCA/24563/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 24563 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 civil judge ? ========================================================= KRUPA PETROLIUM SERVICE (BPCL DEALERS) - Petitioner(s) Versus RAVISINGH RAMBABUSINGH RAJPUT - Respondent(s) ========================================================= Appearance : MR KM PATEL for Petitioner(s) : 1, MR RD RAVAL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 28/08/2008 ORAL JUDGMENT Mr. Raval makes statement under the instructions of the workman and under the instructions of Mr. Gordhan Prajapati, representative of the workmen that, he has no objection if the request as prayed for is granted on condition of reasonable cost. Mr. SCA/24563/2007 2/3 JUDGMENT Patel on behalf of his client submitted that for the purpose of getting opportunity of further cross examination of workman, for the purpose mentioned in application Exh.78, after recalling the witness, the petitioner would pay Rs.5,000/- towards cost. In view of the said consensus arrived at between the parties, the impugned order is set aside on condition that the petitioner shall pay amount of Rs.5,000/- towards costs to the respondent and on such payment the learned labour court shall recall the witness / second party workman for cross – examination as per the request made by virtue of application Exh.78 and shall permit the petitioner to cross examine the respondent's witnesses i.e. the second party workman. With the aforesaid direction and clarification, petition is disposed of in view of the consensus. Notice discharged. This order is passed only in view of the consensus arrived at between the parties and it is clarified that this court has not expressed any opinion on the merits of the matter. SCA/24563/2007 3/3 JUDGMENT [K.M.Thaker, J.] kdc