Gujarat High Court
Lahar Assosiates(Contractor) ... vs Nandu Laljibhai Nasikkar on 4 October, 2022
Bench: Bhargav D. Karia
C/LPA/456/2022 ORDER DATED: 04/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 456 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 20330 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 456 of 2022
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LAHAR ASSOSIATES(CONTRACTOR) THROUGH LAHAR VIKRAMBHAI
PATEL
Versus
NANDU LALJIBHAI NASIKKAR
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Appearance:
MR PRASHANT DESAI, SR.ADVOCATE with MR RUTUL P DESAI(6498) for
the Appellant(s) No. 1
DELETED for the Respondent(s) No. 4
GANDHI LAW ASSOCIATES(12275) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
UNSERVED WANT OF TIM for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 04/10/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned senior advocate Mr.Prashant Desai with
learned advocate Mr.Rutul Desai for the appellant and learned
advocate Mr.Nisarg Desai for the respondent No.2. The
respondent No.1- the workman has been served but has not
chosen to appear.
1.1 Since there is broad consensus in respect of the contours
of the controversy, the issues involved and the course which the
C/LPA/456/2022 ORDER DATED: 04/10/2022
present Letters Patent Appeal would adopt for its disposal, the
same is taken up for final disposal.
2. Special Civil Application No.20330 of 2018 which was
made part of the group of Special Civil Application No.20281 of
2018, which were the all Special Civil Applications disposed of
by learned Single Judge by common judgment dated 12.12.2019,
impugned in the present Letters Patent Appeal.
3. The Special Civil Applications arose from judgment and
award of Labour Court, Nadiad in different land reference cases.
In so far as the present workman involved in the Special Civil
Application No.20330 of 2018, it was Reference (LCN) Case
No.13 of 2002. By the said judgment and award dated
30.1.2018, impugned in this Special Civil Application, Labour
Court had partly allowed the reference holding that the
applicant was entitled to the relief of lump-sum compensation of
Rs.1,31,708/- in lieu of the relief of reinstatement and
backwages. Learned Single Judge dismissed all these Special
Civil Applications including the Special Civil Application
No.20330 of 2018, from which the present Letters Patent arises.
4. It was submitted by learned senior counsel that the
judgment and award in the said Reference Case No.13 of 2002
was founded on the finding that there was breach of Section 25N
of the Industrial Disputes Act. As far as the aspect of non-
compliance of Section 25F of the Act was concerned, the Labour
Court recording findings and that the same was not breached
and the conditions thereof were complied with. It was further
submitted by learned senior advocate for the appellant assailing
C/LPA/456/2022 ORDER DATED: 04/10/2022
the impugned judgment and award that learned single Judge
committed conspicuous error in basing the reason to dismiss the
petition on the ground that there was breach of Section 25F of
the Act. It was submitted in this regard that the issue of breach
of Section 25F was involved and was relatable to the other
Special Civil Applications than Special Civil Application
No.20330 of 2018, which were dealt with by learned single
Judge in common judgment to dismiss all the petitions. It was
submitted that the instant Special Civil Application No.20330 of
2018 was founded on a different issue where the question of
breach of Section 25F was not arising, yet by some error the
same was grouped together alongwith the other petitions and
came to be dismissed.
5. The above aspect that the present controversy did not
involve the question of breach of Section 25F yet the impugned
judgment of learned single Judge was based on the said
consideration, could not be disputed by other side.
6. In view of the above fact situation arising, without going
into any other aspect of controversy, muchless merits of the case
of the either side, this court thinks it proper to remit back the
case to the learned single Judge since the questions to be
agitated in this case is different as stated above. Therefore, the
subject matter of controversy of Special Civil Application
No.20330 of 2018 is remitted back to learned single Judge for its
decision afresh in accordance with law. In order that the learned
single Judge is enable to decide the Special Civil Application
No.20330 of 2018 afresh, the impugned judgment and award of
learned single Judge in so far as it pertains to Special Civil
C/LPA/456/2022 ORDER DATED: 04/10/2022
Application No.20330 of 2018, is hereby set aside.
7. It is clarified that this court has not gone into merits of the
case. It is further observed that all the contentions of both the
sides could be open before learned single Judge, both on factual
and legal counts. The present Letters Patent Appeal is allowed in
the aforesaid terms and to the aforesaid extent.
In view of disposal of the main appeal, the Civil Application
will not survive, it is accordingly disposed of.
(N.V.ANJARIA, J)
(BHARGAV D. KARIA, J)
Manshi
