Junagadh Agricultural ... vs Bhavnaben Dharamsinhbhai ...
2022 Latest Caselaw 3970 Guj

    C/LPA/229/2022                                        ORDER DATED: 04/04/2022




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO. 229 of 2022
         In R/SPECIAL CIVIL APPLICATION NO. 884 of 2020
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2022
           In R/LETTERS PATENT APPEAL NO. 229 of 2022
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               JUNAGADH AGRICULTURAL UNIVERSITY
                            Versus
              BHAVNABEN DHARAMSINHBHAI VACHHANI
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Appearance:
MR DG CHAUHAN(218) for the Appellant(s) No. 1
MR PJ MEHTA(467) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
       and
       HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
                    Date : 04/04/2022
                      ORAL ORDER

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

1.0. Heard Mr. D.G.Chauhan, learned advocate for the appellant and Mr. P.J.Mehta, learned advocate for the respondent.

2.0. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.9.2021 passed in Special Civil Application No.884 of 2020 by the learned Single Judge, the appellant University has preferred this intra Court appeal under Clause 15 of the Letters Patent.

3.0. It appears from the record that the writ petition was filed by the respondent -workman being aggrieved by the order dated 9.10.2019 passed by the learned Industrial Tribunal, Rajkot in Reference (IT) No. 171 of 2015 whereby Reference filed by the respondent workman came to be dismissed and the respondent

C/LPA/229/2022 ORDER DATED: 04/04/2022

no.1 inter alia prayed as under:

" (A) Be pleased to pass appropriate order quashing and setting aside the award passed by the ld. Industrial Tribunal, Rajkot of Reference (IT) No. 171/2015 dated 09/10/2019 notified on 11/11/2019 Annexure 'H' in the interest of justice;

or In the alternative Be pleased to remand the award Annexure 'H' to the ld. Industrial Tribunal, Rajkot for considering all necessary evidences existed in the petitioner's service record in the interest of justice within six months or Be pleased to grant the pay scale of 4000-6000 Rs from the date of Ref 01/01/2015 in the interest of justice

It appears that in the writ petition amendments were made which were made beyond the scope of the reference made under Section 10 of the Industrial Disputes Act, 1947. It is no doubt true that the amendment was granted by the learned Single Judge. The fact remains that the said facts were not adjudicated by the Tribunal at all and new facts which were permitted by the learned Single Judge to be introduced for the first time in writ petition predominantly under Article 227 of the Constitution of India.

4.0. Having heard the learned counsel for the respective parties and on broad consensus arrived at between the parties, the impugned order dated 16.9.2021 passed by the learned Single Judge in Special Civil Application No. 884 of 2020 is hereby quashed and set aside and even the order dated 9.10.2019 passed by the learned Industrial Tribunal, Rajkot in Reference (IT) No.171 of 2015 is also quashed and set aside and alternative prayer made by the respondent no.1 in the writ petition is granted and the proceedings of Reference (IT) No. 171 of 2015 are restored back to the file of the Industrial Tribunal, Rajkot for

C/LPA/229/2022 ORDER DATED: 04/04/2022

considering all the necessary evidence with a liberty to both the parties to adduce fresh evidence, if any, before Industrial Tribunal. The parties are at liberty to take all available contentions before the Industrial Tribunal.

5.0. The Industrial Tribunal shall decide the Reference de-novo after considering all evidence on record as well as submissions, if any, made by both the parties and pass fresh award without in any way being influenced by the earlier order dated 9.10.2019 passed in Reference (IT) Case No. 171 of 2015 as well as any of the observations made by the learned Single Judge in Special Civil Application No. 884 of 2020.

6.0. Learned counsel for the respective parties do not invite any further reason for passing this order as the matter is remanded back as per the original prayer made by the respondent workman, leaving it open for the Tribunal to decide the same as per the present order. The Tribunal shall expedite the proceedings and shall take endeavor to complete the same as expeditiously as possible preferably by 31.12.2022. Appeal is thus partly allowed. However, there shall be no order as to costs.

As the appeal is partly allowed, connected Civil Application, stand disposed of.

(R.M.CHHAYA,J)

(HEMANT M. PRACHCHHAK,J) KAUSHIK J. RATHOD