LAWS(GJH)-2004-4-86

STATE OF GUJARAT Vs. SAURASHTRA UNIVERSITY KARMACHARI PARIWAR

Decided On April 09, 2004
STATE OF GUJARAT Appellant
V/S
SAURASHTRA UNIVERSITY KARMACHARI PARIWAR Respondents

JUDGEMENT

(1.) All these matters relate to an award dated 27th February, 1997 passed by the Industrial Tribunal (2), Rajkot in Reference (IT) No.179 of 1984. Special Civil Application No.8404 of 1998 was filed on 30th September, 1998 challenging the award and praying that:

(2.) The question, which is raised before this Court, is as to whether the Industrial Tribunal had jurisdiction to entertain the dispute raised by Saurashtra University Karmachari Parivar and Bhavnagar University Karmachari Parivar, in view of a specific provision made under Section-7(1) of the Gujarat Universities Services Tribunal Act, 1983 ("the Act" for short). Section 7(1) reads as under:

(3.) Looking to the nature of the controversy involved in all these matters, it is required to be noted that under Section-13 of the Act, the jurisdiction of Civil Court was expressly barred. Section-13 reads as under: