Jitendrabhai Purshottambhai ... vs Diamondstar Manufacturing ...
2021 Latest Caselaw 1536 Guj

         C/LPA/1276/2017                                        ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO. 1276 of 2017
         In R/SPECIAL CIVIL APPLICATION NO. 6864 of 2016
                              With
      CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2017
           In R/LETTERS PATENT APPEAL NO. 1276 of 2017
==========================================================
          JITENDRABHAI PURSHOTTAMBHAI PATEL
                         Versus
DIAMONDSTAR MANUFACTURING (INDIA) PRIVATE LIMITED & 2 other(s)
==========================================================
Appearance:
MR UT MISHRA(3605) for the Appellant(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1, 2
NOTICE SERVED(4) for the Respondent(s) No. 3
==========================================================

 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
        and
        HONOURABLE MR. JUSTICE R.P.DHOLARIA

                         Date : 02/02/2021
                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Heard Mr. U.T. Mishra, learned advocate for the appellant and Mr. Dipak R. Dave, learned advocate for the respondents no.1 and 2. Though served, no one appears for the respondent no.3.

2. By way of this appeal under Clause 15 of the Letters Patent, the appellant has challenged the order dated 14.7.2017 passed by the learned Single Judge of this Court in Special Civil Application no. 6864 of 2016.

C/LPA/1276/2017 ORDER

3. Suffice it to note that the respondents no.1 and 2 approached this Court by way of a Writ Petition challenging the judgment and award dated 29.1.2016 passed by the Labour Court Surat in Reference (LCS) no.298 of 1998. The Labour Court allowed the Reference and ordered reinstatement with 75% backwages. The learned Single Judge was pleased to quash and set aside the award and the said order dated 14.7.2017 is challenged in the present appeal.

4. On a broad consensus, the following order is passed:­

(i) The impugned order dated 14.7.2017 passed by the learned Single Judge in Special Civil Application no. 6864 of 2016 is hereby quashed and set aside.

(ii) The impugned judgment and award dated 29.1.2016 passed by the Labour Court, Surat in Reference (LCS) no.298 of 1998 is also hereby quashed and set aside and the proceedings of Reference (LCS) no.298 of 1998 is restored to the file of the Labour Court, Surat.

(iii) Keeping rights of all the parties open, on such restoration, the Labour Court, Surat shall hear all the parties from the stage of hearing and pass a fresh award in accordance

C/LPA/1276/2017 ORDER

with law without in any manner being influenced by the observations made in the impugned judgment and award dated 29.1.2016 passed by the Labour Court as well as the observations made by the learned Single Judge in the order dated 14.7.2017 and the observations made in this order, strictly in accordance with law after considering the material on record as well as the contentions raised by all the parties and pass a fresh award.

(iv) As the Reference is very old, the Labour Court, Surat is directed to give utmost priority to the same and endeavour to hear the parties as expeditiously as possible and dispose of the remanded proceedings as early as possible, but not later than 31.10.2021.

(v) Any subsequent event after the award may be permitted to be brought on record of the Reference by both the parties by filing an affidavit.

5. The learned advocates appearing for the respective parties have candidly submitted that as the broad consensus is arrived at, no further reasons be assigned by this Court.

        C/LPA/1276/2017                                           ORDER



6.   The    appeal         is   disposed        of   in     view        of      the
     aforesaid            directions.           As   the        appeal            is
     disposed            of,    Civil      Application           would          not

survive and is also disposed of accordingly.

(R.M.CHHAYA, J)

(R.P.DHOLARIA, J) MRP