Gujarat High Court
Ramprasad Yadav S/O Surajprasad ... vs Rollwell Forge Limited on 7 July, 2022
Bench: A.J.Desai
C/LPA/886/2022 ORDER DATED: 07/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 886 of 2022
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=============================================
RAMPRASAD YADAV S/O SURAJPRASAD YADAV
Versus
ROLLWELL FORGE LIMITED
=============================================
Appearance:
HCLS COMMITTEE(4998) for the Appellant(s) No. 1
RAVI B SHAH(5346) for the Appellant(s) No. 1
MR HAMESH C NAIDU(5335) for the Respondent(s) No. 1
=============================================
CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 07/07/2022
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. Admit. Learned advocate Mr. Hamesh C. Naidu
waives service of admission for the respondents. With the
C/LPA/886/2022 ORDER DATED: 07/07/2022
consent of learned advocates, the appeals are taken up
for final hearing.
2. The challenge before this Court in these group of
appeals is the common oral order dated 12.10.2021
passed by learned Single Judge on the ground that the
petitions filed by the present respondents challenging the
judgment and award of Labour Court, Rajkot came to be
allowed and the awards passed by the Labour Court,
Rajkot were quashed and set aside in absence of present
appellants.
3. Learned advocate Mr. Ravi B. Shah for the appellants
in these appeals would submit that the petitions were filed
in the year 2021 and appellants were served but could not
remain present due to Covid-19 situation and had left the
city of Rajkot and went to their native State i.e. Madhya
Pradesh and Uttar Pradesh. Therefore, they could not
appear before this Court or engage the lawyer. He,
therefore, would submit that since the order is passed by
learned Single Judge without hearing the appellants, the
said order is required to be quashed and set aside and the
matter be remanded back for fresh consideration.
4. On the other hand, learned advocate Mr. Naidu for
the respondents has opposed the Appeals.
5. Considering the above aspects and the fact that
notices were issued to the present appellants but could
C/LPA/886/2022 ORDER DATED: 07/07/2022
not remain present due to Covid-19 situation, we are of
the opinion that the appeal can be allowed by quashing
and setting aside the common oral order dated
12.10.2021 passed by learned Single Judge in captioned
writ petitions and remanding the matter for fresh
consideration.
6. Hence, the appeals are allowed. The common oral
order dated 12.10.2021 passed by learned Single Judge in
captioned writ petitions is hereby quashed and set aside.
Special Civil Applications filed by the present respondents
are hereby revived. The Registry shall list Special Civil
Applications for hearing as per the roster.
7. In view of the above, no order in Civil Applications.
8. It is made clear that this Court has not examined the
merits of the case.
(A.J.DESAI, J)
(MAUNA M. BHATT,J)
T. J. Bharwad
