Gujarat High CourtDist vs Hareshbhai on 13 February, 2006SCA/7640/2006	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 7640 of 2006
 

 
 
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DIST.
HEALTH OFFICER & 1 - Petitioner(s)
 

Versus
 

HARESHBHAI
GHALABHAI MARU - Respondent(s)
 

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Appearance
: 
MR
RITURAJ M MEENA for
Petitioner(s) : 1 - 2. 
None for Respondent(s) :
1, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.M.MEHTA
		
	

 

 
 


 

Date
: 12/04/2006 

 

 
 
ORAL
ORDERDistrict
Health Officer and others, petitioners, have filed this petition
underArticle 227of the Constitution of India challenging the
judgment and award dated 13.2.2006 passed
by the Labour Court, Bhavnagar in Reference (LCA) No.352 of 1991.  By
the impugned judgment and award the Labour Court has partly accepted
the reference of workmen and directed the first applicant to
reinstate the workmen with 70% backwages.Mr.Rituraj
M.Meena, learned advocate for the petitioner has invited my attention
to the appointment order dated 26.10.1989.  According to the learned
advocate for the petitioner one of the workmen was taken into police
custody for criminal offence and therefore the said appointment was
stop-gap arrangement to fill up the gap for a limited period. That
order was passed on 17.7.1989. He has relied upon the definition of
retrenchment Section 2(oo) particularlySec.2(oo)(bb)of the
Industrial Disputes Act, 1947, which provides termination of the
service of the workman as a result of the non-renewal of the contract
of employment between the employer and the workman concerned on its
expiry or of such contract being terminated under a stipulation in
that behalf contained therein. He has also
relied upon the judgment of the Hon'ble Apex Court in the case ofMunicipal Council, Samrala Vs. Rajkumarreported in (2006) 3 SCC 81
particularly paragraphs 10, 12, 14 and 15 ofthe said judgmenton
page 84 and 85.Hence
RULE. Interim relief in terms of para 8(B).(
K.M. Mehta, J. ) 

 

syed/