Rajendrasinh Jatubha Jadeja vs The Deputy Executive Engineer
2022 Latest Caselaw 8635 Guj

       C/SCA/3363/2020                              ORDER DATED: 29/09/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  R/SPECIAL CIVIL APPLICATION NO. 3363 of 2020
                                      With
                   R/SPECIAL CIVIL APPLICATION NO. 333 of 2020

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                          RAJENDRASINH JATUBHA JADEJA
                                     Versus
                         THE DEPUTY EXECUTIVE ENGINEER
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Appearance:
MS KHUSHBU D CHHAYA(8093) for the Petitioner(s) No. 1
MR SOAHAM JOSHI, AGP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                                Date : 29/09/2022

                             COMMON ORAL ORDER

1. Rule returnable forthwith. Mr. Soaham Joshi, learned

Assistant Government Pleader waives service of

notice of Rule for the respondent/s.

2. Challenge in these petitions, under Article 226 of the

Constitution of India is to the orders passed by the

Labour Court dated 15.10.2019 in Miscellaneous Civil

Application No.2 of 2019 in Reference (LCR) No.40 of

2012 and Miscellaneous Civil Application No.3 of

C/SCA/3363/2020 ORDER DATED: 29/09/2022

2019 in Reference (LCR) No.38 of 2012, by which, the

applications for restoration of the proceedings is

restored.

3. Prima facie, the orders indicate that the Labour Court

has unnecessarily gone into the Reference to

Judgments of the High Court and Hon'ble Supreme

Court and made observations beyond the controversy

without referring to the provisions of law in context of

Rule 26(A) of the Industrial Disputes (Gujarat) Rules,

1966.

4. Ms. Khushbu D. Chhaya, learned counsel for the

petitioners submits that an amount of cost has

already been deposited before the Labour Court. The

order of cost be quashed and set aside. The amounts

be refunded to the petitioners - workmen. The

awards of the Labour Court are restored.

C/SCA/3363/2020 ORDER DATED: 29/09/2022

5. In view of above, the orders passed by the Labour

Court dated 15.10.2019 in Miscellaneous Civil

Application No.2 of 2019 in Reference (LCR) No.40 of

2012 and Miscellaneous Civil Application No.3 of

2019 in Reference (LCR) No.38 of 2012 are quashed

and set aside. The References are restored to the file

of Labour Court, Rajkot. The Labour Court shall

decide both the References mentioned hereinabove

on merits considering all contentions which may be

raised by the respective parties before the Labour

Court.

6. The petitions are allowed accordingly. Rule is made

absolute to the aforesaid extent. Direct Service is

permitted. No costs.

(BIREN VAISHNAV, J) VATSAL S. KOTECHA