(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Heard learned AGP Mr.L.R.Pujari for the appellant-State of Gujarat through the Deputy Secretary, Forest and Environment Department and Range Forest Officer.
Learned AGP submitted that the learned Additional Advocate General is instructed to appear in the matter, as noticed by him from the papers.
2. On 16.03.2012, this matter was on Board for final haring and the Court recorded the aforesaid fact in the order and therefore, there is no reason for adjourning the matter.
3. Learned AGP invited attention of the Court to the order under challenge dated 04.10.2000 passed in Special Civil Application No.10502 of 2000 by the learned Single Judge.
4. On reading of the order, it is clear that the order is passed in SCA, wherein the award of the Labour Court, Surendranagar in Reference (LCS) No.163 of 1991 was challenged.
4.1 Learned AGP could not point out any ground for which the LPA will be required to be entertained against the order passed by the learned Single Judge, more particularly when there is a decision of a Full Bench of this Court in the matter of Bhagyodaya Co-operative Society Limited Vs. Natvarlal K.Patel & Anr., reported in 2011 (3) GLH (Full Bench) 89.
5. In view of that, the Court finds no substance in the matter and the same is dismissed as not maintainable.
At the request of the learned AGP, it is clarified that the Court has dismissed the appeal only on the ground of maintainability and the Court has not examined the merits of the matter.
(Ravi R.Tripathi, J.) (G.B.Shah, J.) *Shitole Top