State Of Gujarat vs Khumansinh Navalsinh Jadeja
2021 Latest Caselaw 7095 Guj

     C/SCA/18124/2015                                       ORDER DATED: 28/06/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.                        18124 of 2015

=====================================================
                   STATE OF GUJARAT
                        Versus
       KHUMANSINH NAVALSINH JADEJA & 1 other(s)
=====================================================
Appearance:
MS. MEGHA CHITALIYA, ASST. GOVERNMENT PLEADER(1) for
the Petitioner(s) No. 1
DIPESH D CHHAYA(8075) for the Respondent(s) No. 1
KHUSHBU D CHHAYA(8093) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
=====================================================

 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                                Date : 28/06/2021

                                     ORAL ORDER

1. Heard Ms. Megha Chitaliya, learned Asst. Government Pleader for the petitioner - State as also Ms. Khushbu Chhaya, learned advocate for respondent No.2 - workman.

2. According to submission of Ms. Chitaliya, learned AGP, after termination of the services of the respondent - workman in April 2001, the workman has moved the authority for making reference only in the year 2008, and therefore, there is delay in approaching the reference Court, and therefore, the learned Labour Court could not have entertained the reference.

3. Ms. Chhaya, learned advocate for respondent No.2- workman submitted that for the delay, the

C/SCA/18124/2015 ORDER DATED: 28/06/2021

respondent - workman is deprived of his backwages and suitably relief is moulded by the learned Labour Court, and therefore, no interference is required. Drawing attention to the finding recorded by the learned Labour Court, she submitted that this petition is not required to be entertained.

4. However, considering the submissions made, matter requires consideration. Hence, RULE.

5. The impugned judgment and award is stayed subject to payment of wages under Section 17(B) of the Industrial Disputes Act, 1947 (for short 'the Act')from the date of filing petition.

6. The said amount be released, as mentioned in Section 17(B) of 'the Act', on filing of an affidavit by the respondent - workman subject to the right of the respondent to dispute the same and conclusion thereof.

(UMESH A. TRIVEDI, J) Lalji Desai