SCA/726820/2008 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7268 of 2008 With SPECIAL CIVIL APPLICATION No. 11165 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 ? ================================================= SHREE VIDYUT KAMDAR SANGH EST. OF GUJARAT STATE - Petitioner Versus GUJARAT STATE ELECTRICITY CORPN. LTD. & 2 - Respondents ================================================= Appearance : MR TR MISHRA for Petitioner : NOTICE SERVED BY DS for Respondents : 1 - 3. MR MD PANDYA for Respondents : 1, MR KRUNAL D PANDYA, LD. AGP for Respondents : 2 - 3. ================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 16/09/2008 COMMON ORAL JUDGMENT 1. Rule. Learned counsels in both the petitions waives service of notice of rule on behalf of their respective respondents. With the consent of the counsels for the parties rule is fixed forthwith. SCA/726820/2008 2/2 JUDGMENT 2. In Special Civil Application No. 11165 of 2008, the counsels for the respondents could not dispute the fact that when the similar demands were made the appropriate authority has referred the dispute on receipt of failure report and this fact have to be taken into consideration. Looking to the approach of the respondents as no similar demands were made, this petition deserves to be allowed and accordingly it is allowed. The decision not to refer the dispute to the Industrial Tribunal for adjudication which is impugned in this petition is hereby quashed and set aside and the respondent authority is hereby directed to reconsider the decision in light of the fact that the appropriate authority has made reference in similar situation and demand was raised, keeping in view of the order of reference dated 30/8/2008. 3. So far as Special Civil Application No. 7268 of 2008 is concerned, same will not survive as the order of reference is already made. It goes without saying that if the workmen will be at liberty to take appropriate application before the concerned authority for interim relief same shall be decided within ten weeks from the date of receipt of such application. 4. Both the petitions are disposed of accordingly. Rule made absolute to the aforesaid extent in both the petitions. However there shall be no order as to costs. [ S.R. BRAHMBHATT, J ] /vgn