Gujarat State Road Transport ... vs Lakshmanbhai Shantilal Vasava
2023 Latest Caselaw 211 Guj

     C/SCA/1798/2007                               ORDER DATED: 09/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1798 of 2007
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      GUJARAT STATE ROAD TRANSPORT CORPORATION, THRO'
                           Versus
          LAKSHMANBHAI SHANTILAL VASAVA & 1 other(s)
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Appearance:
MR HARDIK C RAWAL(719) for the Petitioner(s) No. 1
MR GK RATHOD(2386) for the Respondent(s) No. 1
MR MUKESH H RATHOD(2432) for the Respondent(s) No. 1
MR PARITOSH CALLA(2972) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                  Date : 09/01/2023
                   ORAL ORDER

1. The present Special Civil Application is filed praying for the following reliefs :-

              "(A)         be pleased to allow this petition.

              (B)        be pleased to issue a writ of certiorari or

any other appropriate writ, order or direction by quashing and setting aside the impugned award dated 13.9.2006 passed by the Labour Court, Bharuch in Reference No.167 of 2004.

(C) Pending admission, hearing and final disposal of this petition, be pleased to stay the operation, implementation, execution and enforcement of the impugned award dated 13.9.2006 passed by the Labour Court, Bharuch in Reference No.167 of 2004.

(D) be pleased to pass such other and further orders may be deemed just and proper looking to the facts and circumstances of the case and in the interest of the justice."

2. It is submitted by learned advocate Mr. Hardik Rawal appearing on behalf of the petitioner that the impugned judgment and order passed by learned Labour Court, Bharuch is in the teeth

C/SCA/1798/2007 ORDER DATED: 09/01/2023

of law laid down by this Court in judgment dated 24.10.2007 in Civil Reference No.1 of 2007 in Special Civil Application No.888 of 2004 with connected matters and judgment dated 11.03.2008 passed in Letters Patent Appeal No.1090 of 2004.

3. Learned advocate Mr. G. K. Rathod appearing on behalf of respondent No.1 could not dispute the said fact.

4. In view thereof, in the interest of justice with a view to give an opportunity to the parties to raise all the contentions as available to them in law, the impugned judgment and order is set aside. The matter is remanded back to learned Labour Court, Bharuch, to be decided afresh on merits. The parties will be at liberty to raise all the contentions as available to them in law. The parties will also be at liberty to produce any additional document in support of their case. Learned Labour Court, Bharuch is directed to deal with all the contentions as may be raised before it and decide the same in accordance with law and on its own merits.

5. Since the present case is old, the learned Labour Court is directed to decide the case within a period of six months and in any case on or before 30.06.2023. Learned advocates for the parties agree and undertake that they will cooperate with the expeditious hearing and disposal of the case in the learned labour court.

6. With the above direction, the Special Civil Application is disposed of.

(ANIRUDDHA P. MAYEE, J.) cmk