IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7922 OF 2009 (Arising out of SLP(C)No.16262 of 2007)

P.W.D.EMPLOYEES' UNION & ORS.      ...APPELLANTS

VERSUS

STATE OF GUJARAT & ORS.      ...RESPONDENTS

WITH

CIVIL APPEAL NOS.7923-7944 OF 2009 Arising out of SLP(C)Nos.16665-16786 of 2007)

O R D E R

Leave granted.

These  appeals  by  special  leave  are  directed  

against the final judgment and order dated 9th of  

May, 2007 passed by the Division Bench of the High  

Court  of  Gujarat  at  Ahmedabad  in  Letters  Patent  

Appeal No.1625 of 2006 arising out of Special Civil  

Application No.5529 of 2003 and LPA Nos.374-495 of  

2007  arising  out  of  Special  Civil  Application  

Nos.21935  to  22056  of  2006  respectively.  By  the  

aforesaid  order,  the  Division  Bench  of  the  High  

Court  had  set  aside  the  orders  of  the  learned  

Single Judge in Special Civil Application No.5529  

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of 2003 and in Special Civil Application Nos.21935  

to 22056 of 2006 and remanded back the matter to  

the learned Single Judge for deciding it afresh on  

merits  and  in  accordance  with  law  as  well  as  

relevant rules and resolutions.   

Mr.  P.H.  Parekh,  learned  senior  counsel  

appearing  for  the  appellants  challenged  the  

aforesaid order of the Division Bench submitting  

that  since  the  original  order  was  passed  on  

consent, it was not open to the respondent to file  

an appeal and proceed with the matter afresh, which  

was  disputed  by  Mr.  R.P.  Bhatt,  learned  senior  

counsel appearing for the respondents.

Without going into the details of this matter  

and without interfering with the impugned order, we  

are of the view that since an order of remand has  

been passed, it would be fair and proper that the  

learned Single Judge shall decide the matter afresh  

and proceed independently to decide the question  

raised in the matter, without being influenced by  

any observation made in the order passed by the  

Division Bench of the High Court and observations,  

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if any, made by us in this order.

Accordingly,  we  request  the  learned  Single  

Judge of the High Court to decide the matter afresh  

as aforesaid within a period of three months from  

the date of supply of a copy of this order to it,  

without  granting  any  unnecessary  adjournment  to  

either of the parties.

The appeals are disposed of accordingly with  

no order as to costs.

....................J.                    (TARUN CHATTERJEE)  

....................J.                             (SURINDER SINGH NIJJAR)  NEW DELHI, DECEMBER 01, 2009.

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