Kamleshsinh Chunisinh Patel vs Ramchandra Dahyabhi Narrow Fab ...

                                                                                NEUTRAL CITATION




     C/LPA/1196/2023                            ORDER DATED: 14/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/LETTERS PATENT APPEAL NO. 1196 of 2023

            In R/SPECIAL CIVIL APPLICATION NO. 2610 of 2020

                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2023

              In R/LETTERS PATENT APPEAL NO. 1196 of 2023

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                  KAMLESHSINH CHUNISINH PATEL
                            Versus
            RAMCHANDRA DAHYABHI NARROW FAB PVT. LTD.

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Appearance:
M V PATEL (7602) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MRS YOGINI V PARIKH(2163) for the Respondent(s) No. 1
MS NOOPUR V PARIKH(11248) for the Respondent(s) No. 1

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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE DEVAN M. DESAI

                            Date : 14/09/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) This appeal is directed against judgment and order of learned single Judge dated 2.3.2023 whereby inter alia learned single Judge remanded the proceedings before the labour court on the ground that the first-party employer had not appeared nor had filed written statement.

2. The following were the directions in para 4.3 of the Page 1 of 3 Downloaded on : Sat Sep 16 17:12:01 IST 2023 NEUTRAL CITATION C/LPA/1196/2023 ORDER DATED: 14/09/2023 undefined impugned judgment and order of learned single Judge, "Filing of written statement shall be completed within a period of 15 days from the receipt of copy of the order and thereafter, parties shall produce the documentary evidence within a period of 15 days thereafter, and after that the learned Labour Court shall permit the parties lead the oral evidence by giving opportunity of cross-examining to the other side and that exercise shall be carried out within a period of 30 days thereafter. After hearing the arguments of both the parties, the matter shall be decided within a period of three months from the date of receipt of the order passed in the present petition."

2.1 Thus, learned single Judge directed the labour court, Surat to redecide the proceedings of Reference (LCS) No.74 of 2008 to disposed it of within three months.

3. When the appeal comes up for consideration, learned advocate Mr.M.V.Patel joined by learned advocate Ms.Yogini Parikh appearing for respective parties stated that pursuant to the aforesaid directions of remand, a fresh decision in the Reference has been rendered by the labour court, Surat and judgment and order dated 5.6.2023 is passed dismissing the Reference of the workman- appellant herein.

4. In the above view and the development, the present appeal does not survive for any further consideration. However, liberty is reserved for the appellant to challenge the judgment and order dated 5.6.2023 passed by labour court, Surat in accordance with law and on merits, if advised.

NEUTRAL CITATION C/LPA/1196/2023 ORDER DATED: 14/09/2023 undefined

5. The present Letters Patent Appeal is disposed reserving liberty as above.

In view of disposal of the appeal, the Civil Application will not survive. Accordingly, it is disposed of.

(N.V.ANJARIA, J) (D. M. DESAI,J) Manshi Page 3 of 3 Downloaded on : Sat Sep 16 17:12:01 IST 2023