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Judgment
Ravi R. Tripathi, J.—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.Rule. Learned Advocate Mr. D.M. Devnani waives service of the Rule.
On a request made by learned Advocate Mr. Munshaw for the petitioner for hearing of the matter the matter is taken up for hearing to which learned Advocate Mr. D.M. Devnani for the respondent has no objection. Learned Advocate Mr. Munshaw invited attention of the Court to the relevant provisions of the said Rules. The fact that the services of the respondent were governed by the said Rules and entertaining the dispute by the Labour Court is without jurisdiction. On this short ground the petition is allowed. The award and order dated 31st January, 2011 passed in Reference (L.C.H.) No. 908 of 1996 by the learned Judge of Labour Court, Himmatnagar is quashed and set aside. The petition is allowed. Rule is made absolute. No order as to cost.
On a request made by learned Advocate Mr. D.M. Devnani 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.