Dismissed

Patel Bhavansinh Sonabhai v. State of Gujarat

Gujarat HC28 Jun 2021LPA/1342/2012

Case brief

AI extract

What is this about?

This Appeal against the order of the High Court Judge in SCA No. 8834 of 2012 is dismissed. The bench observed no error in the Single Judge's direction to approach the Industrial Tribunal based on settled legal precedents regarding continuous service conditions.

What did the court decide?

The appeal is dismissed. The direction to approach the Industrial Tribunal is upheld. No interference.

Patel Bhavansinh Sonabhai Vs State of Gujarat — Pension and Retirement Benefits | Gujarat HC (2021)

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C/LPA/1342/2012 ORDER DATED: 28/06/2021 PATEL BHAVANSINH SONABHAI & 11 other(s) Versus STATE OF GUJARAT & 2 other(s)

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/LETTERS PATENT APPEAL NO. 1342 of 2012

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In R/SPECIAL CIVIL APPLICATION NO. 8834 of 2012

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PATEL BHAVANSINH SONABHAI & 11 other(s) Versus STATE OF GUJARAT & 2 other(s)

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==========================================================

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Appearance:

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NONE for the Appellant(s) No. 1,10,11,12,2,3,4,5,6,7,8,9 MR KRUTIK PARIKH, AGP for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2,3

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CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI and HONOURABLE MR. JUSTICE B.N. KARIA

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Date : 28/06/2021

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ORAL ORDER

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(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI)

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None appears for the appellants-petitioners though

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name of Mr.Kamlesh B. Mehta, learned counsel is shown in the cause-list.

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By the impugned order dated 06.09.2012 , the learned Single Judge, while disposing of Special Civil Application

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No. 8834 of 2012 , Patel Bhavansinh Sonabhai and others

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Vs. State of Gujarat and others , has only directed the

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appellants-petitioners to approach the Industrial Tribunal

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Page 1 of 3

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C/LPA/1342/2012 ORDER DATED: 28/06/2021 PATEL BHAVANSINH SONABHAI & 11 other(s) Versus STATE OF GUJARAT & 2 other(s)

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for relief in case he fulfills the conditions of continuous

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service in terms of the judgement of the Hon’ble Supreme Court in the case of Secretary, State of Karanataka and others Vs. Uma Devi and other reported in 2006(4) SCC 1 . The operative part of the order passed by the learned Single Judge is quoted for ready reference:

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“6.0 The issue involved in the present petition is squarely covered by the decision of the Hon’ble Apex Court in case of Jitendra Kumar Singh and Another versus State of Uttar Pradesh and others reported in (2010) 3 Supreme Court Cases 119 and Secretary, State of Karnataka and others versus Uma Devi and others reported in 2006(4) Supreme Court Cases 1. Therefore, no case is made to call for any interference. The petition is devoid of merits and the same is therefore, dismissed.

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7.0 However, it will be open to the petitioners to approach the appropriate forum under the Industrial Disputes Act, 1947.”

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We do not find any error in the said directions given by the learned Single Judge, since the question of fact to be decided on the relevant evidence and the law is well settled in this regard, and therefore, we are not inclined to interfere

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Page 2 of 3

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C/LPA/1342/2012 ORDER DATED: 28/06/2021 PATEL BHAVANSINH SONABHAI & 11 other(s) Versus STATE OF GUJARAT & 2 other(s)

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with the said order in any manner and appeal is devoid of

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merits and liable to be dismissed. Accordingly, the same is

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dismissed .

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The copy of the order be sent to the appellant at the

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the given address as well as Mr.Kamlesh B. Mehta, learned counsel.

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(DR. VINEET KOTHARI,J)

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(B.N. KARIA, J)

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rakesh*/

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Page 3 of 3

Patel Bhavansinh Sonabhai v. State of Gujarat

Case brief

What is this about?

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Patel Bhavansinh Sonabhai v. State of Gujarat

Case brief

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