IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 12046 of 2002 For Approval and Signature: HON'BLE MISS JUSTICE R.M.DOSHIT ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- GUJARAT STATE ROAD TRANSPORT CORPORATION Versus JITENDRAKUMAR RAMANLAL VYAS -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 12046 of 2002 MR ASHISH M DAGLI for Petitioner No. 1-2 MR BG JANI for Respondent -------------------------------------------------------------- CORAM : HON'BLE MISS JUSTICE R.M.DOSHIT Date of decision: 07/10/2003 ORAL JUDGEMENT Heard the learned advocates. This petition under Article 227 of the Constitution of India is preferred by the Gujarat State Road Transport Corporation (hereinafter referred to as "the Corporation") against the judgment and order dated 11th September, 2002 passed by the learned Assistant Judge, Rajkot in Civil Misc. Appeal no.181 of 1991 arising from the order dated 11th November, 1991 made by the learned Civil Judge (Senior Division), Rajkot below application Exh.5 in Civil Suit no.827 of 1991. 2. Both the learned advocates agree that the respondent is a workman as envisaged under Section 2 (s) of the Industrial Disputes Act, 1947 and the Civil Suit in the subject matter is not maintainable. Learned advocate Mr.Jani states that the respondent - plaintiff will withdraw the Civil Suit no.827 of 1991 pending before the Civil Court at Rajkot. Learned advocate Mr.Dagli states that since filing of the present petition on 6th January, 2003, the respondent - plaintiff has preferred departmental appeal against the order of dismissal from service. The same shall be decided in accordance with law. 3. In above view of the matter, the petition is allowed. The impugned judgment and order dated 11th September, 2002 is quashed and set aside. Rule is made absolute with costs throughout. It is clarified that on plaintiff's withdrawing the suit, the departmental appeal preferred by the plaintiff shall be decided in accordance with law. [Miss R.M. Doshit, J.] /phalguni/