STATE OF GUJARAT Vs. SIPU PROJECT EMPLOYEES ASSOCIATION

JUDGEMENT

(1.) Admit. Service of notice is waived by learned advocate Mr.Saurabh J. Mehta for the respondent. Upon joint request, this Letters Patent Appeal is taken up for final hearing today itself.

(2.) The core issue in focus in this Letters Patent Appeal under clause 15 of the Letters Patent Appeal has been as to whether the employees of Sipu Project and members of the Sipu Project Employees Association, respondent herein, are eligible and qualified for project allowance or not, to which the learned single Judge has, upon consideration of the facts and circumstances, adjudicated and decided in favour of the respondent, original petitioner and, therefore, this Letters Patent Appeal, at the instance of the State of Gujarat.

(3.) We have heard the learned advocates appearing for the parties dispassionately and we have scanned and scrutinised the material documentary evidence on record and the relevant and material resolutions of the Government on the issue, coupled with the text, texture and tenor of the impugned judgment of the learned single Judge rendered on 26.7.2002 in Special Civil Application No.95 of 1992, whereby, the petition came to be allowed granting project allowance in terms of the Government resolution dated 27.12.88 after adjusting the amount of project allowance that has already been paid to the members of the original petitioner-association, with further direction to the respondents to continue to implement the said GR till Sipu Project remains in existence.