LAWS(GJH)-2011-12-47

DESAI KALABHAI KHENGARBHAI Vs. STATE OF GUJARAT

Decided On December 07, 2011
DESAI KALABHAI KHENGARBHAI Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) WE have heard learned Advocate Mr. Mukul Sinha for the appellants ? petitioners and learned AGP Mr. N.J. Shah for the respondent ? State of Gujarat.

(2.) THE appellants have filed the above mentioned writ petitions for issuance of appropriate directions to the respondents to regularize or make permanent the services of the petitioners ? appellants in the regular pay scale with other benefits and also to give equal treatment to them, which is given to the police personnel i.e. the Police Constables working in the Police Department and/or to direct the respondents to absorb the petitioners in the Police Department. THE learned Single Judge by a common oral judgment and order dated 18.4.2009 dismissed all the writ petitions. THE learned Single Judge in para-22 of the judgment has held that the petitioners and other similarly situated persons can raise the industrial dispute for appropriate relief of pay structure, etc. before appropriate forum.

(3.) IN the aforesaid premises, all the aforementioned Letters Patent Appeals as well as all Special Civil Applications are dismissed as withdrawn with liberty to the appellants ? petitioners to seek their remedy before the INdustrial Tribunal. It is, however, made it clear that any observations made either by the learned Single Judge or this Bench shall not be influenced by the INdustrial Tribunal while deciding the Reference on merits.