SCA/7403/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7403 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ================================================= 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 ? ================================================= STATE OF GUJARAT - Petitioner Versus KANTILAL LAXMANBHAI ZALA - Respondent ================================================= Appearance : MR KRUNAL PANDYA, LD. AGP for Petitioner : MS JK HINGORANI for Respondent : ================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 24/12/2008 ORAL JUDGMENT 1. Rule. Ms. Hingorani, learned counsel for the respondent workman waives service of notice of rule. This matter has been disposed of upon a joint request of counsels for the parties. 2. Ms. Hingorani, learned counsel for the respondent SCA/7403/2008 2/3 JUDGMENT workman, who is present in the Court and identified by her, states that the petition may be allowed and even the ex parte award made in Reference (LCA) No. 583 of 1996 also be quashed and set aside on condition that the main matter i.e. Reference (LCA) No. 583/1996 be ordered to be disposed of within 4 months from the date of receipt of writ of this Court and in the meantime the workman be reengaged / reemployed and such re-engagement / reemployment will not create any equitable right in the workman, which will help sustaining the workman during pendency of the reference. 3. Shri Krunal Pandya, learned AGP under the instructions of Mr. R.K. Gurjar, Deputy Director, Land Records, Ahmedabad, states that the workman shall be reengaged or reemployed purely on temporary and adhoc basis within 10 days from today, without creating any right in him till the Reference (LCA) No. 583/1996 is decided and such reemployment or re-engagement may not be treated as a precedent in any other case. It is clarified that this is purely an interim arrangement as the workman has given consent for setting aside the ex parte order so that the main reference could be decided on its own merits after availing the opportunity of leading proper evidence. 4. In view of the aforesaid statement, this petition is disposed of. The judgment & award passed by the Labour Court, Ahmedabad in Misc. Civil Application No. 181 of 2006 as well as in Reference (LCA) No. 583 of 1996 are hereby quashed and set aside, on condition that SCA/7403/2008 3/3 JUDGMENT the workman / respondent herein shall be reengaged / reemployed by the petitioner within 10 days from the today, and such re engagement or re-employment shall not create any right or equity in the respondent workman for claiming any benefits whatsoever only on the basis of this reemployment / re-engagement. This order is passed purely as an interim arrangement so as to help the workman sustain himself during the period in which the reference would be decided. The concerned Labour Court is hereby directed to dispose of the Reference being Reference No. (LCA) 583/1996 on merits after affording opportunity to both the sides, who have assured this Court that they will cooperate in deciding the reference and avoid seeking any unnecessary adjournments in the matter. The reference be decided within 4 months from the date of receipt of writ of this Court. With these observations, this petition is disposed of. Rule made absolute to the above extent. However no order as to cost. [ S.R. BRAHMBHATT, J ] /vgn