Maganbhai Chanabhai Atesara vs The Deputy Executive Engineer
2022 Latest Caselaw 8644 Guj

     C/SCA/288/2020                              JUDGMENT DATED: 29/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 288 of 2020


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

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1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

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                       MAGANBHAI CHANABHAI ATESARA
                                  Versus
                      THE DEPUTY EXECUTIVE ENGINEER
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Appearance:
KHUSHBU D CHHAYA(8093) for the Petitioner(s) No. 1
MR.UTKARSH SHARMA, AGP for the Respondent(s) No. 1,2
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    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV

                             Date : 29/09/2022

                             ORAL JUDGMENT

1. RULE returnable forthwith. Mr.Utkarsh Sharma

learned AGP waives service of notice of Rule on

behalf of the respondent State.

C/SCA/288/2020 JUDGMENT DATED: 29/09/2022

2. With the consent of learned advocates for the

respective parties, the petition is taken up for

final hearing.

3. The challenge in this petition is to the order of

the Labour Court, Rajkot, dated 13.08.2019, by

which, the application for restoration of the main

reference viz. Reference (LCR) No.14 of 2012

has been rejected.

4. Ms.Chhaya learned counsel for the petitioner

would submit that the rejection is only on the

ground that the application was accompanied by

a copy supplied by the ACL and considering that

there was a delay of 42 days in restoration, such

application was rejected.

5. Having considered the submissions and having

perused the order dated 13.08.2019 in the

C/SCA/288/2020 JUDGMENT DATED: 29/09/2022

Restoration Application, what is evident is that

according to the applicant the award was of

26.11.2018 which was sent for publication to the

ACL on 30.11.2018 and actually published on

17.12.2018 and it was not clear as to on which

actual date it was so published and therefore the

application for restoration was rejected.

6. Order dated 13.08.2019 is quashed and set

aside. The Reference (LCR) No.14 of 2012 is

restored to the file of the Labour Court, Rajkot,

to be heard on merits in accordance with law

keeping contentions of both the parties open.

7. Petition is accordingly allowed. Rule is made

absolute accordingly. Direct service is

permitted.

(BIREN VAISHNAV, J) ANKIT SHAH