STATE OF GUJARAT Vs. RAJUBHAI R VANKAR

JUDGEMENT

(1.) The State of Gujarat has assailed the interlocutory order of learned Single Judge in a writ petition, dated 08-05-2003, whereby, the appellant came to be directed to pay regular salary to both the original petitioners, respondents, herein, before us, wef 26-06-2000 till 30-04-2000 within a period of one month from the date of receiving the copy of the said order, with further direction to pay regularly the regular salary as permanent employees of the appellant during the pendency and final disposal of the petition, which is pending before the learned Single Judge, by invocation of the provisions of Clause-15 of the Letters Patent.

(2.) We have, threadbare, heard Ms. Harsha Devani, learned Assistant Government Pleader and Mr. R.N. Shah, learned Advocate for the petitioners. We have, also, given our anxious thoughts and considerations to the the factual profile of the present case, as well as, the relevant proposition of law emerging in the labour jurisprudence.

(3.) We are of the opinion that the interlocutory order of the learned Single Judge shows no infirmity or any perversity, which would warrant our interference in exercise of our powers under Clause-15 of the Letters Patent. For the purpose of interlocutory direction, considering, the catalogue of facts emerging from the years 1987 and 1988 in respect of the petitioners, the relevant proposition of law, the award passed by the Industrial Tribunal in favour of ` Agriculture and Rural Labourers Association', the earlier order passed in favour of the original petitioners by the Labour Court, and, also, bearing in mind the circumscribed the circumference of the jurisdiction of this Court under Clause 15 of the Letters Patent in an appeal against the interim order, we have no hesitation in finding that this appeal is `san-substance' and deserves to be dismissed.