The High Court of Gujarat disposed of a special civil application challenging a Labour Court award. Relying on a coordinate bench decision granting interim stay conditioned on Section 17-B of the ID Act, the Court vacated the stay without examining merits.
Rule discharged and interim relief vacated. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/1080/2009 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1080 of 2009
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SURAT MUNICIPAL CORPORATION
Versus
KALIDAS H SENVA & 1 other(s)
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Appearance:
MR PRASHANT DESAI, Senior Counsel with MR MRUGEN K PUROHIT(1224) for the Petitioner(s) No. 1 MR PARITOSH CALLA(2972) for the Respondent(s) No. 2 RULE SERVED BY DS(65) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER
Date : 07/01/2021
ORAL ORDER
“Heard Mr. Prashant Desai, learned Senior Counsel with Mr. Mrugen Purohit, learned advocate for the Petitioner. None is
present for the Respondent.
Arguments of Mr. Prashant Desai, learned Senior Counsel for the Petitioner is heard. Time is sought for taking necessary instruction regarding the status of the Reference (LCS) No. 212 of 2006. At the request of learned advocate for the Petitioner, put up on 7.1.2021.”
Page 1 of 2
C/SCA/1080/2009 ORDER
(DR. A. P. THAKER, J)
R.S. MALEK
Page 2 of 2
2 issues framed by the court
Whether to dispose of the petitioner's challenge to the Labour Court award on merits given the existing stay condition on Section 17-B of the Industrial Disputes Act.
Whether the interim stay granted in the pending appeal should be vacated.
1 provisions across 1 enactments
Surat Municipal Corporation
Kalidas H Senva
A. P. Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
