| |
|
REPORT ON COURT CASES PERTAINING TO THIS STATION FOR THE MONTH OF
MAY, 2008.
|
| |
| (1) Reference Case No. ITC 49/08 (Old No. CGITA-71/04) filed by Shri Rameshbhai C Datania regarding regularization of his service:- |
| |
| a. |
Name of place of Court |
Central Industrial Tribunal, Ahmedabad |
| b. |
Date of filing counter affidavit |
9th January, 2001 |
| c. |
Date of last hearing/next hearing |
17th June, 2008 |
| d. |
Name of the Advocate/Govt. Counsel |
Shri PI Shah, Advocate |
| e. |
Action Taken in brief and/or Status
|
Station has already submitted counter reply. |
| f. |
Any other information relating to the case
|
Cross exam and witness from Department side is over. Now, arguments between Advocates are coming up. As a regular Presiding Officer was not in position, the matter was adjourned inordinately. Now, the matter is transferred to State Labour Court and a Fresh Number i.e. ITC 49/08 is issued. |
|
| |
| (2) Reference Case No. ITC 286/08 (Old No. CGITA-353/04) filed by Shri Rafiq Mohd. Shaikh regarding termination of his service:- |
| |
| a. |
Name of place of Court |
Central Industrial Tribunal, Ahmedabad |
| b. |
Date of filing counter affidavit |
23rd October, 2002 |
| c. |
Date of last hearing/next hearing |
17th June, 2008 |
| d. |
Name of the Advocate/Govt. Counsel |
Shri PI Shah, Advocate |
| e. |
Action Taken in brief and/or Status
|
Station has already submitted counter reply. Cross examination to the applicant by Government Counsel is completed. |
| f. |
Any other information relating to the case
|
As a regular Presiding Officer wass not in position, the matter was adjourned inordinately. Now, the matter is transferred to State Labour Court and a Fresh Number i.e. ITC 286/08 is issued. |
|
| |
Top |
|
| |
(3) Reference Case No. ITC-64/08 (Old No. CGITA-89/04) filed by All Gujarat Kamdar Karmachari Union on behalf of Shri SL Parmar, Casual Announcer of AIR., Ahmedabad.
|
|
| |
|
|
| |
| a. |
Name of place of Court |
Central Industrial Tribunal, Ahmedabad |
| b. |
Date of filing counter affidavit |
-- |
| c. |
Date of last hearing/next hearing |
17th June, 2008. |
| d. |
Name of the Advocate/Govt. Counsel |
Shri Hitesh D Katharodia
Advocate |
| e. |
Action Taken in brief and/or Status
|
The interim order of Industrial Tribunal to grant 12 days work or 12 days salary to Shri Parmar was challenged in the High Court and got stayed. Now, HC has disposed the matter with a direction to the Tribunal to dispose off the matter with in 6 months and extended the stay upto the disposal of the matter. Now, the matter is being pursued with Industrial Tribunal. |
f.
|
Any other information relating to the case
|
As a regular Presiding Officer was not in position, the matter was adjourned inordinately. Now, the matter is transferred to State Labour Court and a Fresh Number i.e. ITC 64/08 is issued. |
|
|
| |
|
|
| |
(4) Reference Case SCA No. 5500/2004 challenging the decision of Hon’ble Tribunal on OA No. 639/02 filed by Smt. Jiviben H Bhatt, Rtd. Library & Information Assistant, All India Radio, Ahmedabad demanding higher scale at par with other Library & Information Assistant who has a degree in Library Science with effect from 1st January, 1996:-
|
|
| |
|
|
| |
| a. |
Name of place of Court |
High Court of Gujarat, Ahmedabad. |
| b. |
Date of filing counter affidavit |
03.12.2004 |
| c. |
Date of last hearing/next hearing |
Matter admitted and kept pending for final hearing |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
|
f.
|
Any other information relating to the case
|
|
|
|
| |
|
|
| |
(5) Reference Case No. SCA 11855/2004 filed by Shri Vikas Singh, son of Late Shri HN Singh, Hindi Officer, AIR., Rajkot at Hon’ble High Court of Gujarat, Ahmedabad for compassionate appointment.
|
|
| |
|
|
| |
| a. |
Name of place of Court |
High Court of Gujarat, Ahmedabad. |
| b. |
Date of filing counter affidavit |
2nd August, 2005 |
| c. |
Date of last hearing/next hearing |
Matter admitted, kept for final hearing. |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
Counter Reply has already been filed before Hon’ble High Court of Gujarat. |
f.
|
Any other information relating to the case |
Shri Vikas Singh filed the matter with High Court since CAT., Ahmedabad has disposed his OA No. 521/03 on the ground of jurisdiction. First and Second respondents are DG., AIR and SD., AIR., Rajkot respectively and this station has been authorized to defend the case vide Dte. OM No. 24/34/2004-S.VI/497 dated 27th October, 2004. |
|
|
| |
Top |
|
| |
(6) Reference Case No. SCA 9945/2004 filed by Shri LP Pipalia, Rtd. Asstt. Station Director before Hon’ble High Court of Gujarat, Ahmedabad for seniority and subsequent promotion. |
|
| |
|
| |
| a. |
Name of place of Court |
High Court of Gujarat, Ahmedabad. |
| b. |
Date of filing counter affidavit |
4th October, 2005 |
| c. |
Date of last hearing/next hearing |
Matter admitted, kept for final hearing. |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
Counter Reply has already been filed before Hon’ble High Court of Gujarat. |
f.
|
Any other information relating to the case |
Shri Pipalia has filed this matter at Guj. High Court for seniority and subsequent promotion against Secretary, Min. of I & B and Director General, All India Radio, New Delhi as first and second respondents. Dte. has instructed to this station to defend the case on behalf of the respondents OM No. C-18011/08/2004-SI(A) dated 9th December, 2004. |
|
|
| |
(7) Reference Case No. OA 283/2005 with MA No. 295/05 filed by Shri Mahendra Toke, Instrumentalist and Others for Multi Grade Pay Structure.
|
|
| |
|
|
| |
| a. |
Name of place of Court |
Central Administrative Tribunal, Ahmedabad. |
| b. |
Date of filing counter affidavit |
-- |
| c. |
Date of last hearing/next hearing |
-- |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
-- |
f.
|
Any other information relating to the case |
-- |
|
|
| |
|
|
| |
(8) Reference Case CP No. 46/2006 on No. OA 283/2005 filed by Shri Mahendra Toke, Instrumentalist and Others for Multi Grade Pay Structure. |
|
| |
|
|
| |
| a. |
Name of place of Court |
Central Administrative Tribunal, Ahmedabad. |
| b. |
Date of filing counter affidavit |
22nd February, 2007 |
| c. |
Date of last hearing/next hearing |
17th June, 2008 |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
Legal Counsel engaged. |
f.
|
Any other information relating to the case |
Hon’ble Tribunal’s direction dated 5th September, 2007 for personal appearance of DG, AIR on 27th September, 2007, has been challenged before the Hon’ble High Court of Gujarat while filing a Special Civil Application No. 24798/07 and obtained a ad-interim stay. On 27th September, 2007 the copy of the stay order is produced, and Hon’ble Tribunal has taken the same on record. |
|
|
| |
Top |
|
| |
(09) Reference Case EP No. 01/2007 on No. OA 283/2005 filed by Shri Mahendra Toke, Instrumentalist and Others for Multi Grade Pay Structure. |
|
| |
|
|
| |
| a. |
Name of place of Court |
Central Administrative Tribunal, Ahmedabad. |
| b. |
Date of filing counter affidavit |
22nd February, 2007 |
| c. |
Date of last hearing/next hearing |
17th June, 2008 |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
Legal Counsel engaged. |
f.
|
Any other information relating to the case |
Hon’ble Tribunal’s direction dated 5th September, 2007 for personal appearance of DG, AIR on 27th September, 2007, has been challenged before the Hon’ble High Court of Gujarat while filing a Special Civil Application No. 24798/07 and obtained a ad-interim stay. On 27th September, 2007 the copy of the stay order is produced, and Hon’ble Tribunal has taken the same on record. |
|
|
| |
|
|
| |
(10) Reference Case No. SCA 17437/2005 filed by Shri AP Shah, Assistant, CBS., AIR., Ahmedabad at Hon’ble High Court of Gujarat, Ahmedabad against the order dated 17th November, 2003 passed by Min. of I & B on the Revision Petition.
|
|
| |
|
|
| |
| a. |
Name of place of Court |
High Court of Gujarat, Ahmedabad. |
| b. |
Date of filing counter affidavit |
15th November, 2006 |
| c. |
Date of last hearing/next hearing |
Matter admitted. |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
|
f.
|
Any other information relating to the case |
|
|
|
| |
Top |
|
| |
(11) Reference Case No. OA 333/2006 filed by Shri SL Mehta, Floor Manager, DDK, Ahmedabad for promotion to the post of Programme Executive.
|
|
| |
|
| |
| a. |
Name of place of Court |
Central Administrative Tribunal, Ahmedabad. |
| b. |
Date of filing counter affidavit |
22nd March, 2007 |
| c. |
Date of last hearing/next hearing |
12th May, 2008 / 10th June, 2008. |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
As per the Para Wise comments received from Directorate, the Draft Counter Reply is prepared by the Legal Counsel and the same has been approved by the Directorate and filed before the Hon’ble Tribunal on 22nd March, 2007. |
f.
|
Any other information relating to the case |
-- |
|
|
| |
|
|
| |
(12) Reference Case No. OA 334/2006 filed by Shri PC Rathod, Floor Manager, DDK, Ahmedabad for promotion to the post of Programme Executive.
|
|
| |
|
|
| |
| a. |
Name of place of Court |
Central Administrative Tribunal, Ahmedabad. |
| b. |
Date of filing counter affidavit |
22nd March, 2007 |
| c. |
Date of last hearing/next hearing |
12th May, 2008 / 10th June, 2008 |
| d. |
Name of the Advocate/Govt. Counsel |
Ms. Paurami Sheth, Advocate |
| e. |
Action Taken in brief and/or Status |
As per the Para Wise comments received from Directorate, the Draft Counter Reply is prepared by the Legal Counsel and the same has been approved by the Directorate and filed before the Hon’ble Tribunal on 22nd March, 2007. |
f.
|
Any other information relating to the case |
-- |
|
|
| |
Top |
|
| |
(13) Reference Case No. OA 153/2007 filed by Shri KC Rana, ASD, AIR, Bhuj against Seniority List in the cadre of Programme Executive |
|
| |
|
|
| |
| a. |
Name of place of Court |
Central Administrative Tribunal, Ahmedabad. |
| b. |
Date of filing counter affidavit |
17th January, 2007 |
| c. |
Date of last hearing/next hearing |
28th April, 2008 / 16th June, 2008. |
| d. |
Name of the Advocate/Govt. Counsel |
Shri Ketan Dave, Central Government Counsel |
| e. |
Action Taken in brief and/or Status |
Directorate vide OM No. 6/10/2007-SI (B) dated 14th May, 2007 authorized this station to defend the matter on behalf of the Respondents. |
| f. |
Any other information relating to the case |
Applicants are requesting for adjournments for last 2-3 hearing dates for the purpose of filing Rejoinder. |
|
|
| |
|
|
| |
(14) Reference Case No. SCA No. 24798/2007 filed by UOI, Secretary, Min. of I & B, Director General, AIR and Station Director, AIR Ahmedabad against the Shri Mahendra Toke, Instrumentalist, AIR, Ahmedabad and others challenging Hon’ble Tribunal’s Order dated 30th January, 2006 and 5th September, 2007:- |
|
| |
|
|
| |
| a. |
Name of place of Court |
Central Administrative Tribunal, Ahmedabad. |
| b. |
Date of filing counter affidavit |
Matter filed before the Hon’ble High Court of Gujarat on 25th September, 2007 |
| c. |
Date of last hearing/next hearing |
22nd April, 2008 |
| d. |
Name of the Advocate/Govt. Counsel |
Shri Harin Raval, Assistant Solicitor General of India (Gujarat State) and Shri Rashim Chhaya, Government Counsel. |
| e. |
Action Taken in brief and/or Status |
|
|
|
| |
|
|
| |
Top |
|
| |
|
|
|
