Gujarat High Court
Manager Esquire Decor Pvt Ltd vs Lh Of Decd Ramanbhai Babuji Ranjanben ... on 6 September, 2024
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C/SCA/7095/2024 JUDGMENT DATED: 06/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7095 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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1 Whether Reporters of Local Papers may be allowed No
to see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy No
of the judgment ?
4 Whether this case involves a substantial question No
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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MANAGER ESQUIRE DECOR PVT LTD
Versus
LH OF DECD RAMANBHAI BABUJI RANJANBEN RAMANJI THAKOR &
ANR.
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Appearance:
MR TANMAY B KARIA(6833) for the Petitioner(s) No. 1
MR. MOHD.VAJID A SHAHJADA(12591) for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 06/09/2024
ORAL JUDGMENT
1. RULE. Mr. Mohd. Vajid Shahjada, learned Counsel
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C/SCA/7095/2024 JUDGMENT DATED: 06/09/2024
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waives service of notice of rule on behalf of the
respondent No.1. With consent of the parties, the petition
is taken up for final disposal today.
2. The petitioner has preferred present petition under
Articles 14, 16, 21, 226 and 227 of the Constitution of
India read with the provisions of the Industrial Disputes
Act challenging the order dated 7.3.2024, 27.7.2023
passed by the Commissioner, Employees Compensation
Act, Labour Court, Kalol in Workman Compensation Delay
Application No.03 of 2023, with below mentioned
relief/s:-
"(A) This Hon'ble Court be pleased to admit and allow
this petition.
(B) This Hon'ble Court be pleased to issue a writ of
certiorari or any other writ in the nature of certiorari by
quashing and setting aside the order dated 07-03-2024,
27.7.2023 in Workman Compensation Delay Application
No.03 of 2023 passed by the Commissioner, Employees
Compensation Act, Labour Court, Kalol and thereby
condone the delay to restore the restoration application
of the petitioner to its original file. At Annex-'A' Colly.
(C) Alternatively, this Hon'ble Court be pleased to issue
a writ of certiorari or any other writ in the nature of
certiorari by quashing and setting aside the order dated
27-07-2023 in Workman Compensation (Non fatal)
Application No.03 of 2015 passed by the Commissioner,
Employees Compensation Act, Labour Court, Kalol. At
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Annex- A Colly
(D) Pending the hearing of the present petition, this
Hon'ble Court be pleased to stay the execution and
implementation of the order dated 27-07-2023 in
Workman Compensation (Non fatal) Application No.03 of
2015 passed by the Commissioner, Employees
Compensation Act, Labour Court, Kalol and stay
recovery proceedings being W.C. Misc. (Recovery
Certificate) No. 2 of 2003 arising out of order dated
27.07.2023 in Workman Compensation (Non fatal) No.
03 of 2015 or direct no coercive action to be taken
against the petitioner for execution of recovery
application till final disposal of the petition. At Annex-'A'
Colly
(E) Your Lordship may be pleased to call for the records
and proceedings.
(F) Your Lordship be pleased to pass any other
appropriate order, as deemed fit in the interest of
justice."
3. Heard Mr. Tanmay B. Karia, learned Counsel
appearing for the petitioner and Mr. Mohd. Vajid A.
Shahjada, learned Counsel for the respondent.
4. Mr. Karia, learned Counsel for the petitioner has
submitted that without giving proper and sufficient
opportunity to petitioner, the impugned order came to be
passed in absence of learned Counsel for the petitioner
and therefore, the same is bad in law.
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4.1 Mr. Karia, learned Counsel for the petitioner has
submitted that the after publication of the impugned
award, within period of 3 months, an application was
filed. He has further submitted that after filing of the
written statement on behalf of the petitioner, learned
Advocate engaged by the petitioner was not remained
present and therefore, the same was decided by the
Commissioner, Employees Compensation Act, in absence
of the learned Advocate. He has further submitted that it
is not within the knowledge of the petitioner and
therefore, as and when the petitioner came to know about
the publication of the award, he has preferred delay
application. The said application came to be decided
against present petitioner.
4.2 In view of the above, Mr. Karia, learned Counsel for
the petitioner submits that impugned order passed by the
Commissioner, Employees Compensation Act, is not in
consonance with the settled legal principle and therefore,
the same may be quashed and set aside and present
petition may be allowed.
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5. Per contra, Mr. Shahjada, learned Counsel for the
respondent has opposed and objected the petition on the
ground that the impugned award passed by the
Commissioner, Employees Compensation Act, is not an
ex-parte award.
5.1 Mr. Shahjada, learned Counsel for the respondent has
submitted that an advocate engaged by the petitioner has
filed the written statement and thereafter, in all
adjournment he did not remain present before the
Commissioner and therefore, the contention / averments
made in the restoration application is not correct and
hence, present petition may be dismissed and the
impugned award passed by the Commissioner, Employees
Compensation Act, may be confirmed, as there same was
passed by-parte and it cannot be said that it is an ex-
parte award.
6. I have considered the material and relevant
documents produced on record. I have also gone through
the award passed by the Commissioner, Employees
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Compensation Act, along with relevant papers appended
thereto.
7. It appears from the record that the contentions and
submissions raised by the petitioner in the restoration
application and delay application were not properly
considered by the Commissioner, Employees
Compensation Act. Even the Commissioner, Employees
Compensation Act, has not dealt with the relevant aspect
which is required to be dealt with by the Commissioner,
Employees Compensation Act.
8. Therefore, this Court is of the opinion that the matter
is required to be remanded back to the concerned
Commissioner, Employees Compensation Act, for giving
proper opportunity to the petitioner into the matter.
9. In view of the above facts, the matter is remanded back
to the Commissioner, Employees Compensation Act, for
deciding afresh. The Commissioner, Employees
Compensation Act, after considering the submissions and
after considering the defence of the present petitioner,
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may pass appropriate order in accordance with law.
10. As per the order dated 30.4.2024 passed by the Co-
ordinate bench of this Court, the petitioner has deposited
the amount of Rs.10,000/- before the registry of this
Court. Therefore, the said amount deposited by the
petitioner before this Court towards the cost shall be
disbursed in favour of the legal heirs of the deceased
respondent, after verifying the bank details and after
following due procedure, through RTGS.
11. The Commissioner, Employees Compensation Act,
may decide the original Workman Compensation (Non
fatal) Application No.03 of 2015 as expeditiously as
possible. It is expected that the advocates appearing on
behalf of the concerned parties before the Commissioner,
Employees Compensation Act, shall cooperate in deciding
the application and shall not seek any unnecessary
adjournment in the proceedings, since the proceedings is
of the year 2015.
12. For the foregoing reasons, the impugned order dated
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07-03-2024, 27.7.2023 in Workman Compensation Delay
Application No.03 of 2023 passed by the Commissioner,
Employees Compensation Act, Labour Court, Kalol and
order dated 27-07-2023 in Workman Compensation (Non
fatal) Application No.03 of 2015 passed by the
Commissioner, Employees Compensation Act, Labour
Court, Kalol are hereby quashed and set aside. The
original Workman Compensation (Non fatal) Application
No.03 of 2015 is restored to its original file which shall be
decided in accordance with law. Present petition is
hereby allowed. Rule is made absolute.
Direct service is permitted.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
