Divisional Controller vs Jagdishbhai Bodhabhai Vaja
2021 Latest Caselaw 18300 Guj

     C/SCA/11153/2017                                ORDER DATED: 10/12/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 11153 of 2017

==========================================================
                        DIVISIONAL CONTROLLER
                                 Versus
                 JAGDISHBHAI BODHABHAI VAJA & 1 other(s)
==========================================================
Appearance:
MR HAMESH C NAIDU(5335) for the Petitioner(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA

                             Date : 10/12/2021

                              ORAL ORDER

1. The notice was issued by this Court vidr order dated 14.06.2017 making it returnable on 05.07.2017.

2. Even after passage of more than four years, the respondent workman has chosen not to enter his appearance.

3. In the present writ petition, the petitioner has challenged the judgment and order dated 14.03.2017 passed by the Industrial Tribunal, Ahemdabad rejecting the approval application filed by the petitioner being Approval Application (I.T.) No.266 of 2015 in Reference (I.T.) No.448 of 2012. Since the respondent workman has chosen not to appear in the matter, the averments made in the writ petition are treated as uncontroverted.

4. It is submitted by Mr.Naidu that it appears that the respondent workman might have been reinstated in the service.

C/SCA/11153/2017 ORDER DATED: 10/12/2021

5. Thus, the writ petition is allowed. The impugned judgment and order dated 14.03.2017 passed by the Industrial Tribunal, Ahemdabad rejecting the approval application filed by the petitioner being Approval Application (I.T.) No.266 of 2015 in Reference (I.T.) No.448 of 2012 is hereby quashed and set aside.

6. However, it is clarified that the same shall not be treated detrimental to the respondent workman, in case if any settlement is arrived at between the parties. Liberty is also reserved in favour of either of the parties to revive the writ petition in case of difficulty.

(A. S. SUPEHIA, J) MAHESH BHATI/241