LPA/1388/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1388 of 2008 In SPECIAL CIVIL APPLICATION No. 290 of 2001 With CIVIL APPLICATION No. 13784 of 2008 In LETTERS PATENT APPEAL No. 1388 of 2008 In SPECIAL CIVIL APPLICATION No. 290 of 2001 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT 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 ? ========================================================= DINESH S RAVAL C/O ALL GUJARAT GENERAL - Appellant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance : MR SHASHIKANT S GADE for Appellant(s) : 1, MS TRUSHA PATEL, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 16/12/2008 ORAL JUDGMENT LPA/1388/2008 2/3 JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This appeal is preferred under Clause 15 of the Letters Patent against the judgment and order dated 13th June, 2007 passed by the learned Single Judge in above Special Civil Application No. 290 of 2001. In Reference (LCK) No. 87 of 1987, before the Labour Court, Kalol, District Mehsana, the appellant workman had raised dispute in respect of termination of his service by the respondent State Government. The Reference was contested by the State Government. According to the State Government, since 1979, the workman had become irregular in attendance. Nevertheless, in the year 1985, he was promoted and posted at Rajkot. The workman did not accept the order of transfer and posting at Rajkot nor did he report for duty there. The Labour Court, Kalol by its judgment and award dated 17th June, 2000 upheld the claim of the workman and passed award for reinstatement in service and payment of back wages in favour of the workman. The Labour Court observed that the order of promotion and posting at Rajkot was not served upon the workman. He had no occasion to report LPA/1388/2008 3/3 JUDGMENT for duty at Rajkot. The said judgment and award has been set aside by the learned Single Judge by impugned judgment and order passed in above Special Civil Application No.290 of 2001. Therefore, the present Appeal. Learned Single Judge has perused the record, particularly, the registered post acknowledgement slip produced before the Labour Court. The learned Single Judge has observed that, “it would be a case of disobedience of the order of transfer and abuse of the process of Court by making false allegations and averments.” No case for interference is made out. The appeal is dismissed in limine. Civil Application stands disposed of. [Ms. R.M.Doshit, J.] [K.M.Thaker, J.] kdc