ARAJAN RANABHAI MODHVADIYA v. MANAGER, GUJARAT STATE ROAD TRANSPORT
2018-02-02
BIREN VAISHNAV, M.R.SHAH
body2018
DigiLaw.ai
JUDGMENT : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 26.11.2015 passed in Special Civil Application No. 3930 of 2015, by which, the learned Single Judge has allowed the Special Civil Application preferred by the GSRTC and has quashed and set aside the judgment and award passed by the learned Industrial Tribunal, Rajkot dated 12.03.2014 in Reference (IT) No. 28 of 2012, by which, the learned Tribunal granted the benefits of time scale to the appellant workman with retrospective effect, from the date as claimed by the workman, purportedly flowing from the settlement between the management and the union in that regard, more particularly, clause 20 of the said settlement, the workman has preferred present Letters Patent Appeal under Clause 15 of the Letters Patent. 2. Today, when the present Letters Patent Appeal is taken up for further hearing, Shri Langa, learned advocate for the appellants – workman has fairly conceded that issue involved in the present appeal is squarely covered against the workman by the decision of the Division Bench of this Court in the case of Ghanshyamsinh Pratapsinh Parmar vs. Divisional Controller and Another rendered in Letters Patent Appeal No. 1185 of 2014 and other allied Letters Patent Appeals. He has fairly conceded that the similar awards passed by the learned Industrial Tribunal were quashed and set aside by the learned Single Judge vide judgment and order in Special Civil Application No. 10908 of 2014 and other allied Special Civil Applications, against which, Letters Patent Appeal No. 1185 of 2014 and other allied Letters Patent Appeals were preferred by the concerned workman and the Division Bench of this Court has dismissed the aforesaid Letters Patent Appeals confirming the judgment and order passed by the learned Single Judge quashing and setting aside the similar award passed by the learned Industrial Tribunal. 3. In view of the above undisputed facts and for the reasons stated in the judgment and order in the case of Ghanshyamsinh Pratapsinh Paramar (supra) rendered in Letters Patent Appeal No. 1185 of 2014 and other allied Letters Patent Appeal, present Letters Patent also deserves to be dismissed and is accordingly dismissed.