Gujarat High Court
Sajjadbhai Mehmoodbhai Sindhi vs Manager, Indo-Chem Limited on 29 July, 2025
NEUTRAL CITATION
C/SCA/11260/2023 JUDGMENT DATED: 29/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11260 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
✔
==========================================================
SAJJADBHAI MEHMOODBHAI SINDHI
Versus
MANAGER, INDO-CHEM LIMITED & ANR.
==========================================================
Appearance:
JAIVIK UDAY BHATT(7319) for the Petitioner(s) No. 1
MR PRABHAKAR UPADYAY(1060) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 29/07/2025
ORAL JUDGMENT
1. The present petition is filed under Articles 226 and 227 of the Constitution of India, read with Sections 33 and 10 of the Industrial Disputes Act, challenging the order passed by the learned Labour Court, Vadodara below Exh.25 in Recovery Application No.11 of 2016 dated 15.12.2022, whereby the learned Court has rejected the recovery case on the ground of delay.
2. At the outset, both the parties had submitted before this Page 1 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 01:26:17 IST 2025 NEUTRAL CITATION C/SCA/11260/2023 JUDGMENT DATED: 29/07/2025 undefined Court that as the learned Court has only examined the aspect of delay without considering the fact that as the award was passed by the learned Labour Court directing the reinstatement was not implemented till 2016 and therefore, it would be a continuous cause of action. Therefore, in that background, the application would not be barred by the delay.
3. In view of the above consent, in the considered opinion of this Court, the matter is required to be remanded back to the learned Recovery Court for deciding afresh after examining all issues and on considering the submissions made by both the parties.
4. Resultantly, the present petition is allowed. The impugned order dated 15.12.2022 is hereby set aside. The learned Recovery Court shall decide the Recovery Application, being a Recovery (c-
1) 11 of 2016, afresh. All the contentions and the rights are kept open for both the parties. This Court has not gone into the merits of the case, except on the part of the delay. The learned Court shall decide the recovery application without being influenced by any observations made by this Court as well as the impugned order.
Page 2 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 01:26:17 IST 2025
NEUTRAL CITATION C/SCA/11260/2023 JUDGMENT DATED: 29/07/2025 undefined
5. As the recovery application was filed in the year 2016, the learned Court shall decide the same as expeditiously as possible, preferably within a period of 6 months from today.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 3 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Tue Jul 29 2025 Downloaded on : Wed Jul 30 01:26:17 IST 2025