Gujarat High Court
Vinodbhai Trikambhai Vaghela vs Narmada Yojna Vitran Bandh Vartul on 11 February, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/CA/1789/2024 ORDER DATED: 11/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1789 of
2024
In
F/LETTERS PATENT APPEAL NO. 9180 of 2024
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VINODBHAI TRIKAMBHAI VAGHELA
Versus
NARMADA YOJNA VITRAN BANDH VARTUL & ANR.
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Appearance:
MR ANURADHA G RATHOD(7717) for the Applicant(s) No. 1
MR GK RATHOD(2386) for the Applicant(s) No. 1
MS.DILBUR CONTRACTOR(6388) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 11/02/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application is filed seeking condonation of delay
of 601 days in filing the captioned appeal.
2. The applicant-original petitioner has, on affidavit, explained
the delay as under:-
"I further submit that due to my weak financial position I could not
decide whether it is accepted or not but after some time I make up
mind to challenge it therefore time is passed. It is further submitted
that Hon'ble Single Judge partly allowed the petition and granted 5
lakh lump sum compensation to the applicant. It is submitted that
present applicant taken time to decide to file present appeal and the
respondent has not challenged by filing appeal and also not
implemented by the present respondent till date. Due to financial
burden of family and education of 3 daughters present applicant
couldn't decide in proper time to the challenge this order before this
Hon'ble Court. The applicant has taken all necessary steps to file the
NEUTRAL CITATION
C/CA/1789/2024 ORDER DATED: 11/02/2025
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appeal as soon as possible, considering the complexities and
responsibilities involved. The applicant has not been negligent or
lacking in diligence but rather has acted with caution and prudence. It
is submitted that due to family responsibility the applicant taken
additional time to decide on further legal action.
I respectfully submit that my case is covered by the Apex Court
decision in Civil Appeal No. 6890/2022 dated 23/09/2022. In this case,
the order of compensation passed by the Division Bench of the Gujarat
High Court was set aside. The Apex Court directed to grant
reinstatement. Another factor your lordship may consider is that three
of my colleagues, who were also terminated from the same
department simultaneously, were reinstated with back wages by the
Labour Court, Vadodara. This decision was confirmed by the Apex
Court, and they are all currently enjoying their service career with all
consequential benefits. Therefore, to prove my case for reinstatement,
I kindly request that the Letters Patent Appeal be decided on its
merits. Therefore, I kindly request that delay of 601 days be condoned
in the interest of justice.
My father passed away in 2010, and my mother passed away on
18/02/2022 after a long illness. I have four sisters and no brothers,
along with three daughters and no sons. I solemnly state that I
arranged my eldest daughter's marriage on 15/04/2022, and my
remaining two daughters are not yet married. Both of my daughters
are in college, and their education expenses amount to Rs 1,20,000
annually for college fees and Rs. 22,000 per annum for transportation,
which I have to manage. Additionally, my wife suffers from severe
knee pain, which frequently necessitates hospital visits. A copy of the
medical treatment papers is attached herewith for your lordship's kind
consideration. My mother was residing with me, and she also passed
away. Due to these medical expenses, my mother's passing, my
daughter's wedding and the costs of education, I did not have the time
or finances to challenge this decision on time. I further humbly submit
that I sincerely apologize for not filing the present appeal in time and
respectfully request that your lordship consider condoning the delay in
light of my family difficulties and financial crises. More time has
passed due to arranging funds, making the decision to challenge the
judgment, and seeking legal advise from various legal experts.
Therefore, in the interest of justice, I kindly request your lordship to
condone the delay.
I respectfully submit that my case is covered by the Apex Court
decision in Civil Appeal No.6890/2022 dated 23/09/2022. In this case,
the order of compensation passed by the Division Bench of the Gujarat
High Court was set aside. The Apex Court directed to grant
reinstatement. Another factor your lordship may consider is that three
of my colleagues, who were also terminated from the same
department simultaneously, were reinstated with back wages by the
Labour Court, Vadodara. This decision was confirmed by the Apex
Court, and they are all currently enjoying their service career with all
consequential benefits. Therefore, to prove my case for reinstatement,
I kindly request that the Letters Patent Appeal be decided on its
merits. Therefore, I kindly request that delay of 601 days be condoned
in the interest of justice."
NEUTRAL CITATION
C/CA/1789/2024 ORDER DATED: 11/02/2025
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3. The delay is vehemently opposed by learned advocate Ms.
Contractor and has submitted that there is huge delay and the same
may not be condoned.
4. We have considered the rival submissions. It is not in dispute
that pursuant to the order passed by the learned Single Judge, the
other co-employees of the present applicant have been reinstated,
whereas, the present applicant is not reinstated merely for the
reason that he has crossed 61 years of age. The Labour Court as
well as the learned Single Judge found the termination of the
applicant in violation of Sections 25F, 25G and 25H of the Industrial
Disputes Act, 1947. The aforesaid reasons are assigned by the
applicant relating to illness of his mother, father and looking to his
financial burden of the family and education of 3 daughters, compel
us to condone the delay of 601 days. Hence, the same is hereby
condoned.
5. The present application stands allowed. Registry is directed to
list the appeal for hearing today.
(A. S. SUPEHIA, J)
(GITA GOPI,J)
Maulik/36
