Gujarat High Court
V-Mart Retail Limited Through Manager ... vs Jitendra Dhulabhai Rana on 15 April, 2025
NEUTRAL CITATION
C/SCA/7111/2024 JUDGMENT DATED: 15/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7111 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
==========================================================
Approved for Reporting Yes No
No
==========================================================
V-MART RETAIL LIMITED THROUGH MANAGER HR DILEEPKUMAR
OMPRAKASH SRIVASTAVA
Versus
JITENDRA DHULABHAI RANA
==========================================================
Appearance:
MR.SUNIL.S.AGARKAR for LEXSTREET ADVISORS LLP(14629) for the
Petitioner(s) No. 1
ROBIN PRASAD(9344) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 15/04/2025
ORAL JUDGMENT
1. This petition is filed challenging the award passed by the
learned Presiding Officer, Labour Court, Vadodara in
Reference (T) No.383 of 2013 dated 31.12.2018
whereby, the petitioner was directed to reinstate the
respondent workman to its original post with 50% back
wages and the action of the petitioner, transferring the
NEUTRAL CITATION
C/SCA/7111/2024 JUDGMENT DATED: 15/04/2025
undefined
present respondent is held illegal.
2. At the out set the grievance was raised by learned
advocate Mr.Sunil.S.Agarkar for the petitioner that
while referring to the dispute before the learned
reference court, the terms were not framed and that is
observed by the learned labour court in paragraph No.1.
To verify the above statement, learned AGP Ms.Bhati
was called for the instructions wherein, learned AGP
Ms.Bhati has placed on record various facts which are
not disclosed by the petitioner in the petition which is
mentioned herein below:-
a) The dispute was raised with regard to the termination
and the change of service conditions under section
10(1) before the Assistant Labour commissioner on
11.02.2013 wherein, learned Assistant Labour
Commissioner has issued Notice, calling both the
parties on 15.02.2013 and 25.02.2013. Thereafter,
failure report was submitted by learned Assistant
Labour Commissioner on 05.03.2013 and dispute
thereafter, was referred to the learned labour court
on 22.04.2013 on referring the order passed on
22.04.2013, it appears that the terms of reference
NEUTRAL CITATION
C/SCA/7111/2024 JUDGMENT DATED: 15/04/2025
undefined
were framed "that whether the respondent
Jitendrabhai Dhulabhai Rana is entitled for the relief
of reinstatement alongwith all the consequential
benefits or not?"
b) Referring to the order passed by the learned labour
court in Reference (T) No.383 of 2013 dated
27.11.2014, it emerges that in the first paragraph
itself, terms of reference were mentioned.
c) As the aforesaid award was passed ex-parte,
therefore, application under Rule 26 A being
Miscellaneous Application No.73 of 2015 came to be
filed which was allowed in favour of the present
petitioner with the cost of Rs.5,000/-.
3. The caption petition filed challenging the award passed
by the learned labour court on 31.12.2018, without
disclosing the above facts and annexing the previous
order passed in the reference dated 27.11.2014 and
order passed in Miscellaneous Application No.73 of 2015
and contrary statement was made that without referring
to the terms, dispute was referred. This Court is of the
view that non disclosing of the above material facts and
annexing the previous order would be suppression of
NEUTRAL CITATION
C/SCA/7111/2024 JUDGMENT DATED: 15/04/2025
undefined
material fact and this type of practice is required to be
deprecated.
4. Therefore, this Court is of the opinion that the petition
deserves to be dismissed with the cost of Rs.10,000/- for
suppressing the material facts.
5. Resultantly, this petition is dismissed.
6. The petitioner is directed to deposit the cost before this
Court within a period of two weeks from today.
(M. K. THAKKER,J)
NIVYA A. NAIR
