Petitioner sought writ quashing termination and directing reinstatement. Court permitted withdrawal of termination grievances and allowed separate petition for outsourcing issues. Petition disposed of as not pressed.
Petition permitted to be withdrawn regarding termination relief; liberty given to file separate petition on outsourcing.
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C/SCA/6368/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6368 of 2020
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MADHAVI HASMUKHLAL RANA Versus STATE OF GUJARAT
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Appearance:
RAJPUROHIT R BHAWARLAL(9420) for the Petitioner(s) No. 1 TIRTH N BHATT(8487) for the Petitioner(s) No. 1
MS MEGHA CHITALIYA ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1
MR DEEPAK DAVE ADVOCATE for MR.S D MOTWANI(6681) for the Respondent(s) No. 3,5
NOTICE SERVED(4) for the Respondent(s) No. 2,4
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 21/12/2020
ORAL ORDER
“(a) To allow this petition;
(b) To issue appropriate writ, order or direction quashing the oral termination dated 13.06.2019 by the respondent no. 3 herein;
(c) To issue appropriate writ, order or direction directing the respondent to reinstate the service of the petitioner as Project Assistant (Accounts & Admin) with the respondent no. 3 with all benefits;
(d) To issue appropriate writ, order or direction directing the respondent to decide the application for renewal of appointment dated 05.03.2019 (Annexure-C)’
(e) To issue appropriate writ, order or direction directing the respondent to pay the salary dues of the petitioner from the
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C/SCA/6368/2020 ORDER
date of expiration of contract (09.03.2019) to the date of oral termination (13.06.2019) with all benefits;
(f) Pending admission, hearing and final disposal of the present petition, to direct the respondents to reinstate the service of the petitioner as Project Assistant (Accounts & Admin), with the respondent no. 3 with all benefits.
(g) Pending admission, hearing and final disposal of the present petition, to direct the respondent Authorities to pay the salary dues of the petitioner from the date of expiration of contract (09.03.2019) to the date of oral termination (13.06.2019) with all benefits.
(h) To pass any other and further orders as may be deemed fit and proper to this Hon’ble Court.”
2.1. Simultaneously, learned advocate Mr. Bhatt has requested that since the petitioner has already approached the Labour Court, the said proceedings may be permitted to be requested for early disposal. However, it is needless to state that it is open for the petitioner to make a request before the concerned Labour
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C/SCA/6368/2020 ORDER
Court where the case is pending. It is further observed that the Court has not expressed any opinion with regard to the merit of such request and the Court has not expressed any opinion with regard to the challenge to the order of termination since the remedy is already availed of.
(ASHUTOSH J. SHASTRI, J)
NAIR SMITA V.
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Madhavi Hasmukhlal Rana
State of Gujarat
Respondent No. 3
Ashutosh J. Shastri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
