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2012 DIGILAW 338 (GUJ)

State Of Gujarat Thro Executive Engineer v. Nandkumar Naranbhai Patel

2012-04-16

D.H.WAGHELA, MOHINDER PAL

body2012
ORDER : The order dated 9.8.2010 of the learned Single Judge of this Court in Special Civil Application No.9841 of 2003 with Special Civil Application No.103 of 2004, which is sought to be challenged in the present appeal under clause 15 of the Letters Patent is the decision modifying the award of the Labour Court, Ahmedabad whereby the workman was directed to be reinstated with 40% back wages. Since the original adjudication by the learned Single Judge was and could only be under Article 227 of the Constitution, the present appeal would not be maintainable in view of the recent decision of the Division Bench of this Court in Gustadji Dhanjisha Buhariwala and another Vs. Nevil Bamansha Buhariwala and others, [ 2011 (2) GLH 147 ] and Bhagyodaya Cooperative Bank Limited Vs. Natvarlal K.Patel and another, [2011 (3) GLH (FB) 89]. Accordingly, the appeal is dismissed along with the Civil Application as not maintainable. Appeal dismissed.