KIRITSINH MOHOBATSINH BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) "Nor can the tests and the principles that have been laid down be applied mechanically or by way of syllogism. A mechanical or syllogistic approach may appear to furnish the easiest way of solving a complicated problem, but the allurement of the easy way has to be resisted. For while such ways are beset with risks of error in all branches of law, they are even more unsafe and inexpedient in industrial law, where sensitive problems of human relations have to be solved in the midst of all the complexities of morden industrial organisation. That is why in applying the well-settled tests and principles on these problems we have to bear in mind that all tests that are possible of application should be applied,the value and importance to be attached to individual tests will vary according to the nature of the industrial activities and according to the nature of the disputes in which the problem has arisen viz, whether it is in respect of lay-off, retrenchment, production bonus, profit bonus or something else." "The rule of law is the foundation of a democratic society. The Judiciary is the guardian of the rule of law. Hence judiciary is not only the third pillar, but the central pillar of the democratic State. In a democracy like ours, where there is a written Constitution which is above all individuals and institutions and where the power of Judicial Review is vested in the superior Courts, the judiciary has a special and additional duty to perform , viz.,to oversee that all individuals and institutions including the executive and the legislature act within the framework of not only the law but also the fundamental law of the land. This duty is apart from the function of adjudicating the disputes between the parties which is essential to peaceful and orderly development of the society."

(2.) MR.Y.N.Oza, learned Senior Advocate appearing in both these petitions on behalf of the petitioner with Mr.R.J.Oza and Mr.Tushar Mehta, learned advocates and Ms.Manisha Lavkumar, learned AGP appearing on behalf of the respondents in both these main petitions.

(3.) The brief facts of the present petitions are as under :- The petitioner is serving as Police Inspector [Detection Crime Branch], Baroda with effect from 29th January, 1997. Thereafter, the petitioner who was holding the post of Police Inspector was transferred by order dated 25th April, 1998 from Baroda to Junagadh Armed SRP Chawki. The said order of transfer has been challenged by the petitioner before the learned Civil Judge (S.D.), Baroda in Regular Civil Suit No. 317 of 1998, wherein the learned Civil Judge has granted interim stay against the transfer by order dated 22-6-1998. The said order of learned Civil Judge (S.D.), Baroda has been challenged by the respondent - State of Gujarat in Regular Civil Appeal No. 277 of 1998 before the learned District Judge, Baroda which was heard and decided by the Asstt. Judge, Baroda on 15th September, 1998 and dismissed the said appeal filed by the State of Gujarat. Against the said order passed in aforesaid Regular Civil Appeal, a Civil Revision Application No. 1615 of 1998 has been filed by the State of Gujarat which is pending before this Court.The aforesaid Civil Revision Application is also heard by this Court along with other two Special Civil Application Nos.8465 of 1998 and 6356 of 2000.