IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1525 of 2004 For Approval and Signature:
HONOURABLE MR.JUSTICE N.V. ANJARIA ========================================================= 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 ?
Whether this case involves a substantial question 4 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 ?
========================================================= KUTCH DISTRICT PANCHAYAT - Petitioner(s) Versus CHARAN RATAN MANEK - Respondent(s) ========================================================= Appearance :
MR HS MUNSHAW for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, =========================================================
CORAM : HONOURABLE MR.JUSTICE N.V. ANJARIA
Date : 11/09/2012 ORAL JUDGMENT The Kutch District Panchayat, the petitioner herein, challenged the judgment and award dated 28.08.2004 of the Labour Court, Bhuj-Kutch in Reference (LCG) No. 293 of 1996 (Old Reference (LCR) No. 335 of 1991) whereby the Labour Court declared the action of the Panchayat of terminating the services of the respondent workman, who was then working as labourer, and directed his reinstatement without backwages.
2. This court on 06.02.2004 while issuing Rule in the matter, passed the following ad-interim order.
“By way of ad interim order it is directed that it will be open to the petitioner to reinstate the respondent on the same status in any other seed farm under the control of Kutch Dist. Panchayat.”
3. The petition was posted for final hearing yesterday, i.e. 10.09.2012 and thereafter was adjourned for today so as to enable learned advocate Mr.
H.S. Munshaw to have the latest instructions. The endorsement of the board based on the office record showed that the respondent was served with the Rule. However, nobody has appeared on behalf of the respondent.
4. Mr. Munshaw, learned advocate for the petitioner having received telephonic instructions today morning from one Mr. Anil Patel, District Agricultural Officer, Kutch District Panchayat, stated on the basis of the said instructions that originally there were three seed farms under the petitioner Panchayat in the District at Nakhatrana, Rapar and village Shirva. However, the State Government took over the management of all the said three farms under Resolution dated 15.09.2000 and that the Panchayat had handed over the management immediately at the relevant time. On instructions, learned advocate further stated that as there were no seed farms being run by the Panchayat, the respondent workman could not be reinstated.
5. Having regard to above position obtaining in the matter in view of declaration and statement made by the learned advocate, nothing survives in the present petition. The petition is therefore disposed of as not surviving. Rule is discharged without any orders as to costs.
6. Liberty is however, reserved to the parties to approach this court in this petition in case of difficulty.
(N.V. ANJARIA, J.) (SN DEVU PPS)