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Gujarat State Fertilizer Co Ltd vs Gujarat Mazdoor Panchayat & 1

High Court Of Gujarat|04 July, 2012
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JUDGMENT / ORDER

1. Heard learned counsels for the parties.
2. Learned counsel for the petitioner under instructions submitted that the petitioner has made representation to the State Authority on 22.5.2012 and 13.6.2012. The workmen, who were likely to be affected on account of challenge to the notification dated 28.9.1990 had in fact already been absorbed in the regular employment of the petitioner Company. The petitioner is not urging any direction from this Court at this stage and prayed that the Government be directed to decide two representations after hearing the workmen and all the concerned and pass reason order.
3. Ms. Pahwa, learned advocate appearing for respondent no. 1 submitted that in fact the State has no power to reconsider its decision culminated into notification dated 28.9.1990. However, as the petitioner has sought only direction to the State for deciding the representations, let there be complete and absolute liberty to the workmen and all the concerned to make proper presentation to the State Authorities and the State Authorities may be directed to pass appropriate order taking into consideration all the contentions and objections, if any, by all the parties including workmen.
4. In view of these submissions of counsels of the contesting parties, the petition is disposed of by issuing following direction :
The representations dated 22.5.2012 and 13.6.2012 be decided strictly in accordance with law after affording reasonable opportunity of being heard to all the concerned including the workmen and those, who seek to espouse the cause of all the concerned or likely to be affected parties, in short, the Court is of the view that the representations be decided after affording reasonable opportunity to all the concerned and strictly in accordance with law by passing reason order as expeditiously as possible preferably on or before 5.10.2012. The court has not opine on merits of the matter. Liberty to all the parties to approach the court in case of any grievance in respect of the order that may be passed.
5. In view of this, petition is disposed of. Rule is discharged. No costs.
(S.R.BRAHMBHATT, J.) pallav
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Title

Gujarat State Fertilizer Co Ltd vs Gujarat Mazdoor Panchayat & 1

Court

High Court Of Gujarat

JudgmentDate
04 July, 2012
Judges
  • S R Brahmbhatt
Advocates
  • Mr Ks Nanavati
  • Mr Keyur Gandhi