SCA/9440/2000 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9440 of 2000 For Approval and Signature: HON'BLE MR JUSTICE KS JHAVERI ============================================================== 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 ? ============================================================== BANASARILAL GUPTA - Petitioner(s) Versus FOOD CORPORATION OF INDIA & 2 - Respondent(s) ============================================================== Appearance : NOTICE SERVED for Petitioner No(s).: 1. NOTICE SERVED BY DS for Respondent No(s).: 1. MR YF MEHTA for Respondent No(s).: 1,2. M/S THAKKAR ASSOC. for Respondent No(s).: 1,2. RULE NOT RECD BACK for Respondent No(s).: 3. RULE SERVED for Respondent No(s).: 3. ================================================================== CORAM : HON'BLE MR JUSTICE KS JHAVERI Date : 04/08/2005 ORAL JUDGMENT . 1. Though served, none appeared on behalf of the petitioner. SCA/9440/2000 2/3 JUDGMENT 2. The petitioner by way of this petition has prayed for the following reliefs :- (A) This Hon'ble Court by appropriate writ, order or direction, to quash and set aside the appointment order Annexure-D to this petition. (B) This Hon'ble Court by appropriate writ, order or direction, direct the respondents no. 1 & 2 to post the petitioner as Mandal in Gang No.9. (C) Pending admission, hearing and final disposal of this petition, the respondents no. 1 & 2 be directed to post the petitioner as Mandal in Gang No. 9 and restrain the respondents No. 1 ans 2 from posting the respondent no. 3 as Mandal in Gang No. 9. (D) ......... 2. I have heard the learned counsel for the respondent. Having perused the materials produced on record and in view of the affidavit-in-reply, more particularly para 4, wherein it is stated that the petitioner has already availed of the alternative remedy, by way of an application being IESO No.7/2000 before the Labour Court praying for the same reliefs as prayed aforesaid. Hence, this petition cannot be entertained. 3. In above view of the matter, the petition stands SCA/9440/2000 3/3 JUDGMENT disposed of. Rule is discharged with no order as to costs. Interim relief if any stands vacated. [K.S. JHAVERI, J.] /phalguni/x