Pankajbhai Ranchhodbhai Chauhan vs Chirag Shashikant Chafekar
2023 Latest Caselaw 594 Guj

       C/MCA/790/2022                             ORDER DATED: 19/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 790 of 2022

               In R/LETTERS PATENT APPEAL NO. 830 of 2019

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                    PANKAJBHAI RANCHHODBHAI CHAUHAN
                                  Versus
                       CHIRAG SHASHIKANT CHAFEKAR
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Appearance:
MR.HARDIK B SHAH(3751) for the Applicant(s) No. 1
P C DETHARIA(7386) for the Opponent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                             Date : 19/01/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Hardik Shah for the applicant.

2. The applicant herein invoked the jurisdiction of the Labour Court, which proceedings culminated into judgment and award dated 19.09.2015. In the judgment and award delivered by the Labour Court Anand Reference Case No. 8 of 2012 the application of the workman was partially allowed. The respondent herein was directed to reinstate the petitioner on the original post with 10% back wages with effect from 22.11.2011.

3. The said judgment and order was challenged by the employer by filling Special Civil Application No. 6939 of 2016 which was allowed. The Letters Patent Appeal preferred by the workman came to be allowed

C/MCA/790/2022 ORDER DATED: 19/01/2023

by judgment and order dated 13.10.2021.

3.1 The Letters Patent Bench issued the following directions,

"The impugned order of the learned single Judge therefore deserves to be set aside. Accordingly, the order dated 11.9.2017 allowing Special Civil Application No. 6939 of 2016 is hereby set aside. The judgment and award of the Labour Court, Anand dated 19.9.2015 in Reference (T) No. 8 of 2012 shall stand to operate."

3.2 It is in respect of the aforesaid directions, present proceedings are sought to be initiated by the applicant complaining non-compliance under the Contempt of Courts Act, 1971.

4. The question is of compliance of the judgment and award of the labour court as above, which has become final pursuant to the aforesaid order of the Letters Patent Bench.

4.1 On bare reading of the directions, there is no gainsaying that the directions of the Division Bench do not contemplate any time limit for the purpose of compliance. In the circumstances, it could not be concluded at this stage that there is any willful non-compliance of directions by the respondent.

4.2 At the same time, order and directions of the court could not be permitted to go uncomplied with. Therefore, it is provided that the respondents shall comply with the directions as above within eight weeks from today, failing which, the applicant would be entitled to invoke the contempt jurisdiction. It is, however, clarified that contentions of both the sides about nature of compliance are kept open.

C/MCA/790/2022 ORDER DATED: 19/01/2023

5. Present proceedings are disposed of in terms of the above order. Notice is discharged.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) C.M. JOSHI