(PER :
HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI) ADMIT.
ORDER IN CIVIL APPLICATION NO.13337 OF 2012 Learned counsel for the appellant has urged that the application filed under Rule 26-A of the Industrial Disputes (Gujarat) Rules, 1966 was maintainable and after 25 years, the workman who was engaged in scarcity relief work could not be directed to be reinstated. In this regard, learned counsel for the appellant has placed reliance on the Full Bench decision of this Court in the case of H.C. Makwana v. State of Gujarat and others, 1994 (2) GLR 1002 wherein it has been held that the workman discharging the relief work could not be governed within the definition of 'industry. In this view of the matter, the appellant is entitled for interim relief.
RULE returnable on 22.1.2013. Till the next date of listing, the effect and operation of the order dated 26.3.2012 passed by the learned Single Judge in Special Civil Application No.15176 of 2010 as well as the judgment and award dated 10.1.1997 of the Labour Court, Himmatnagar in Reference (LCH) No.107 of 1996 shall remain stayed.
Direct service is permitted.
(V.M.SAHAI, J.) (S.G.SHAH, J.) Savariya Page 2 of 2