1. Ms. Pahwa has submitted that the matter be adjourned as when this Court passed order on 25.09.2012 after ascertaining convenience of both the parties for fixing the matter for final disposal and it was fixed on 01.11.2012, it did not occur that the final disposal of this matter may have adverse bearing upon the petition and the challenge in that petition being Special Civil Application No.4056 of 2012. Hence, a note was filed on 29.10.2012, requesting Registrar General, Gujarat High Court, to seek appropriate orders for placing both these matters being present Special Civil Application No.13590 of 2007 and Special Civil Application No.4056 of 2012 together. The Special Civil Application No.4056 of 2012 was placed before the Court taking up admission SCA/13590/2007 2/3 ORDER matters, wherein, this Court (Coram: Hon'ble Smt. Justice Abhilasha Kumari) passed order on 30.10.2012 as under:
"It is submitted by Mrs.Sangeeta N. Pahwa, learned advocate for the petitioner that a Note has been filed on 29.10.2012 by the petitioner requesting for placing the present petition with Special Civil Application No.13590/2007 as, according to her, both the matters are connected. In view of the above, the matter is adjourned."
2. Hence, there is a request for adjourning this matter, so that, appropriate orders be obtained on the notes.
3. Shri. Bhatt, learned counsel appearing for the petitioner in Special Civil Application No.13590 of 2007 submits that this matter could be independently proceeded for final disposal and for the grant of request for taking the matter with 2012 matter would delay the hearing of the matter of 2007. The petitioner of Special Civil Application No.13590 of 2007 is under an obligation to make payment of 17B wages to the contract workman, against whom there is no declaration by the competent Court that there is no nexus of servant and master between the petitioner and the workman.
4. Further, above this, Ms.Pahwa submitted that the Civil Application filed by the petitioner in Special Civil Application No.13590 of 2007 contains that the Tribunal has arrived at a contrary findings and SCA/13590/2007 3/3 ORDER therefore now it would not be open for the counsel to say that they are not cogent matter and insisting for hearing of one matter.
5. Be that as it may, the request is accepted, however, as on earlier occasions, this Court has passed the order on 25.09.2012, which reads as under:
"Learned counsels have submitted that without going into the averments made in the application justifying the fixation of the main matter, let there be a date fix convenient to both for fixing this matter. Accordingly, 01.11.2012 is fixed for hearing of main matter being Special Civil Application No. 13590 of 2007. Civil Application is disposed of. No costs."
6. The matter is ordered to be posted tomorrow, so that, the counsels may take appropriate steps for obtaining appropriate orders, as the longer adjournment is strongly opposed by the ld. Counsel for the respondent. This matter is adjourned to 06.11.2012.
[S.R.BRAHMBHATT, J.] Ankit*