Dismissed

Mohammed Gulam Patel v. Chief Officer Jambusar Nagarpalika

Gujarat HC27 Sept 2018MCA/2208/2017

Case brief

AI extract

What is this about?

On the petitioner's application for contempt proceedings for non-compliance of court orders regarding regularization of service, the court dismissed the application, finding that the respondent's recent order regularizing service rendered the case unfit for further contempt action.

What did the court decide?

The.Misc.Civil.App.CMA is disposed of; Notice in Form-I discharged.

Mohammed Gulam Patel Vs Chief Officer Jambusar… — Service and Employment | Gujarat HC (2018)

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C/MCA/2208/2017 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/MISC. CIVIL APPLICATION NO. 2208 of 2017 In SPECIAL CIVIL APPLICATION NO. 10702 of 2003

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MOHAMMED GULAM PATEL

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Versus

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CHIEF OFFICER JAMBUSAR NAGARPALIKA

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Appearance:

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MR VA MANSURI(2880) for the PETITIONER(s) No. 1 MR DEEPAK P SANCHELA(2696) for the RESPONDENT(s) No. 1 NOTICE SERVED(4) for the RESPONDENT(s) No. 4

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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY and

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HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI Date : 27/09/2018 ORAL ORDER

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(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)

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1.This Misc. Civil Application is filed under the
provisions of the Contempt of Courts Act, 1971, with
the prayers which read as under:

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“(A) THIS HON’BLE COURT MAY BE PLEASED TO initiate and prosecute the proceedings under Sections 2(b) of the Contempt of Courts Act, 1971 against the Respondents more particularly Respondent No.1 – Chief Officer, Jambusar Nagarpalika for willfully and deliberately committed Contempt in non-compliance of the Orders dated 26/09/2016 passed in SCA No.10702 of 2003.

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(B) THIS HON’BLE COURT MAY BE PLEASED TO award

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Page 1 of 4

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C/MCA/2208/2017 ORDER

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the costs of the present application.

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(C) THIS HON’BLE COURT MAY BE PLEASED TO grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice and equity.”

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2.The applicant herein was working as a Driver
with the respondent Municipality. When his claim for
regularisation was not considered, he approached the
Labour Court. The Labour Court, Vadodara, has passed
an award dated 20.11.2014 directing regularisation of
the applicant herein. When the said award was not
implemented, the applicant herein approached this
Court by filing Special Civil Application No.10702 of
2003. The said Special Civil Application was disposed
of by order dated 26.09.2016 with a direction to the
respondents to give effect and implement the award
passed by the Industrial Tribunal dated 20.11.2014
passed in Reference (I.T.) No.96 of 2006 within a
period of six weeks from the date of the receipt of
the order.

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3. It is brought to our notice that the award of

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Page 2 of 4

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C/MCA/2208/2017 ORDER

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the Labour Court was also questioned by the
respondents by way of filing Special Civil
Application No.14173 of 2017 and same is dismissed on
19.09.2018.

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4.As the directions issued by the Labour Court and
further direction issued by this Court in Special
Civil Application No.10702 of 2003 were not complied,
this application is filed with the prayers as
referred above. In this application, further
affidavits-in-reply are filed. In further affidavit-

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in-reply, it is stated that the respondent
Municipality has passed an order on 24.09.2018
regularising the services of the applicant with
effect from 220.11.2014. A copy of the order dated
24.09.2018 is also enclosed along with the further
affidavit-in-reply.

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5.Though there is abnormal delay on the part of
the respondents in complying the directions of this
Court, however, in view of the order dated 24.09.2018
passed by the respondent, regularising the services
of the applicant herein, we are of the view that this

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Page 3 of 4

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C/MCA/2208/2017 ORDER

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is not a fit case to proceed further under the
provisions of the Contempt of Courts Act, 1971.
Accordingly, by placing on record the order dated
24.09.2018, this Misc. Civil Application is disposed
of. Notice issued to the first respondent in Form-I
stands discharged.

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(R.SUBHASH REDDY, CJ)

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(VIPUL M. PANCHOLI, J)

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piyush

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Page 4 of 4

Mohammed Gulam Patel v. Chief Officer Jambusar Nagarpalika

Case brief

What is this about?

What did the court decide?

Mohammed Gulam Patel v. Chief Officer Jambusar Nagarpalika

Case brief

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