SABARKANTHA DISTRICT PANCHAYAT Vs. YAKUBKHAN SHAMMUKHAN MALEK

JUDGEMENT

(1.) Heard learned advocate Mr.H.S. Munshaw for the petitioner. Learned advocate Mr.Munshaw submitted that the respondent was a regular employee of the District Panchayat, Sabarkantha and the District Panchayat had taken action against the respondent under the relevant rules of the Gujarat Panchayat Service (Discipline and Appeal) Rules, 1997 (hereinafter referred to as the said Rules ). In view of that the Labour Court had no jurisdiction to entertain the dispute as a labour dispute. The matter requires consideration.

(2.) RULE. Learned advocate Mr.D.M. Devani waives service of the rule.

(3.) On a request made by learned advocate Mr.D.M. Devani for the respondent it is clarified that quashing of the impugned award and order on the ground of want of jurisdiction will not disentitle the respondent workman to take recourse to the remedy available to him under the law.