SCA/5597/1987 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5597 of 1987 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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 ? ========================================================= VIJAY HAMIRBHAI & 6 - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : NOTICE UNSERVED for Petitioner(s) : 1 - 7. MR HUKUM SINGH AGP for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2, MR PM RAVAL for Respondent(s) : 3 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/05/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an SCA/5597/1987 2/3 JUDGMENT appropriate wit, order or direction, directing the respondents to confirm the petitioners as labourers w.e.f. Completing 240 days from the date of initially joining and by further directing them to consider and treat the petitioners as confirmed labourers from the date of joining the service and thereupon to pay further consequential benefits. 2. At the time of admission, the petitioners relied upon the order passed in Special Civil Application Nos.5061 and 5119 of 1987 and also admission of the said two Special Civil Applications and it appears that, therefore, present Special Civil Application was admitted and was directed to be heard along with Special Civil Application Nos.5061 and 5119 of 1987. 3. Mr.Hukumsingh, learned AGP has submitted that both the aforesaid Special Civil Applications are now dismissed as withdrawn as the petitioners wanted to submit representation. It is submitted that both the aforesaid Special Civil Application are disposed of on 15/9/2000. 4. It is required to be noted that as such the present petition was required to be heard along with the aforesaid two Special Civil Applications. However, somehow, this matter was not placed along with the aforesaid two Special Civil SCA/5597/1987 3/3 JUDGMENT Application. Be that it may. Looking to the relief sought in the present Special Civil Application which is narrated hereinabove, proper remedy for the petitioners would be to initiate appropriate proceedings before the appropriate forum like raising an industrial dispute by way of reference. For the aforesaid relief, present Special Civil Application under Article 226 of the Constitution of India is not maintainable and/or is not required to be entertained. Hence, present Special Civil Application is dismissed. It will be open for the petitioners to either raise an industrial dispute or make an appropriate representation to the competent authority. 5. For the reasons stated above,, the petition is dismissed with aforesaid liberty. Rule is discharged. No costs. [M.R. SHAH, J.] rafik