Gujarat High Court
Kamleshsinh Chunisinh Patel vs Ramchandra Dahyabhi Narrow Fab ... on 14 September, 2023
Bench: Devan M. Desai
NEUTRAL CITATION
C/LPA/1196/2023 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1196 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 2610 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 1196 of 2023
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KAMLESHSINH CHUNISINH PATEL
Versus
RAMCHANDRA DAHYABHI NARROW FAB PVT. LTD.
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Appearance:
M V PATEL (7602) for the Appellant(s) No. 1
for the Respondent(s) No. 2
MRS YOGINI V PARIKH(2163) for the Respondent(s) No. 1
MS NOOPUR V PARIKH(11248) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 14/09/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
This appeal is directed against judgment and order of
learned single Judge dated 2.3.2023 whereby inter alia learned
single Judge remanded the proceedings before the labour court
on the ground that the first-party employer had not appeared
nor had filed written statement.
2. The following were the directions in para 4.3 of the
NEUTRAL CITATION
C/LPA/1196/2023 ORDER DATED: 14/09/2023
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impugned judgment and order of learned single Judge,
"Filing of written statement shall be completed
within a period of 15 days from the receipt of
copy of the order and thereafter, parties shall
produce the documentary evidence within a
period of 15 days thereafter, and after that the
learned Labour Court shall permit the parties
lead the oral evidence by giving opportunity of
cross-examining to the other side and that
exercise shall be carried out within a period of
30 days thereafter. After hearing the arguments
of both the parties, the matter shall be decided
within a period of three months from the date of
receipt of the order passed in the present
petition."
2.1 Thus, learned single Judge directed the labour court, Surat
to redecide the proceedings of Reference (LCS) No.74 of 2008 to
disposed it of within three months.
3. When the appeal comes up for consideration, learned
advocate Mr.M.V.Patel joined by learned advocate Ms.Yogini
Parikh appearing for respective parties stated that pursuant to
the aforesaid directions of remand, a fresh decision in the
Reference has been rendered by the labour court, Surat and
judgment and order dated 5.6.2023 is passed dismissing the
Reference of the workman- appellant herein.
4. In the above view and the development, the present appeal
does not survive for any further consideration. However, liberty
is reserved for the appellant to challenge the judgment and
order dated 5.6.2023 passed by labour court, Surat in
accordance with law and on merits, if advised.
NEUTRAL CITATION
C/LPA/1196/2023 ORDER DATED: 14/09/2023
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5. The present Letters Patent Appeal is disposed reserving
liberty as above.
In view of disposal of the appeal, the Civil Application will
not survive. Accordingly, it is disposed of.
(N.V.ANJARIA, J)
(D. M. DESAI,J)
Manshi
