Heubach Colour Pvt. Ltd vs Jayendrasinh Jitsinh Rana
2022 Latest Caselaw 7121 Guj

     C/SCA/20578/2017                                    JUDGMENT DATED: 10/08/2022




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/SPECIAL CIVIL APPLICATION NO. 20578 of 2017


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE A.Y. KOGJE                  Sd/-
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1   Whether Reporters of Local Papers may be allowed to see    No
    the judgment ?

2     To be referred to the Reporter or not ?                                 No

3     Whether their Lordships wish to see the fair copy of the                No
      judgment ?

4     Whether this case involves a substantial question of law as             No
      to the interpretation of the Constitution of India or any order
      made thereunder ?

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                          HEUBACH COLOUR PVT. LTD.
                                        Versus
                    JAYENDRASINH JITSINH RANA & 1 other(s)
=======================================================================
Appearance:
MR DG SHUKLA(1998) for the Petitioner(s) No. 1
MR HARESH J TRIVEDI(927) for the Respondent(s) No. 1
NOTICE SERVED for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                   Date : 10/08/2022

                                  ORAL JUDGMENT

1. RULE. Learned Advocate Mr.Haresh J.Trivedi waives

service of Rule on behalf of respondent No.1.

2. This petition under Article 226 of the Constitution of

India is filed with following prayer:-

"(A) Your Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction quashing and

C/SCA/20578/2017 JUDGMENT DATED: 10/08/2022

setting aside the impugned Award dated 19.07.2017 at Annexure "A" to this petition passed by the learned Labour Court, Bharuch in Reference (LCB) No.185 of 2007, as being illegal, without jurisdiction and without authority of law."

3. At the outset, learned Advocate for the petitioner

submitted that the services of the respondent-workman were

terminated on account of loss of confidence and therefore, along

with the order of termination, detailed reasons were given.

However, no departmental inquiry was conducted. Relying upon

the decision of the Apex Court in case of The Cooper

Engineering Limited Vs. Shri P.P.Mundhe, reported in (1975)

2 SCC, 661, it is submitted that the Labour Court ought to have

given a chance to the petitioner-company to lead evidence to prove

misconduct and in absence of such chance, the award is not

sustainable.

4. At this stage, learned Advocate for the respondent-

workman submitted that without entering into the merits, the

matter may be disposed of with appropriate directions.

5. In view of the aforesaid submission of learned

Advocates for the parties, judgment and award dated 19.07.2017

passed by the learned Labour Court, Bharuch in Reference (LCB)

No.185 of 2007 is ordered to be quashed and set aside. The matter

C/SCA/20578/2017 JUDGMENT DATED: 10/08/2022

is remanded back to the Labour Court to decide the Reference

afresh after providing opportunity to the petitioner-employer to

lead evidence to establish the charge against the respondent-

employee in terms of the decision of the Apex as aforementioned.

Considering the request of leaned Advocate for the respondent-

workman, the original reference being very old, the Labour Court

may assign some propriety to the reference and expeditiously deal

with the proceedings after remand in accordance with law.

6. The petition stands allowed in the aforesaid terms.

Rule is made absolute to the aforesaid extent. No order as to costs.

Sd/-

(A.Y. KOGJE, J) SHITOLE