Gujarat High Court
Gujarat Industrial Security Force ... vs Gujarat Industrial Security Force ... on 22 January, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/CA/227/2025 ORDER DATED: 22/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 227 of
2025
In R/MISC. CIVIL APPLICATION NO. 177 of 2025
With
R/MISC. CIVIL APPLICATION NO. 177 of 2025
In
R/MISC. CIVIL APPLICATION NO. 1207 of 2017
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GUJARAT INDUSTRIAL SECURITY FORCE SOCIETY KARMACHARI
UNION
Versus
GUJARAT INDUSTRIAL SECURITY FORCE SOCIETY THROUGH
CHAIRMAN OF GISFS MANOJ AGRAWAL & ANR.
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Appearance:
MR. HARSH K. RAVAL, ADV. FOR MR AMRESH N PATEL(2277) for the
Applicant(s) No. 1
MS VACHA J NANAVATI(6588) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE PRANAV TRIVEDI
Date : 22/01/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL)
OF 2025:
1. The delay of 34 days in filing the review application
seeking for recall of judgment and order dated 9.10.2024
passed in Special Civil Application No. 5263 of 2017, insofar
as the disposal of Misc. Civil Application (Contempt) No. 1207
of 2017, has been explained to the satisfaction of the Court.
2. The delay condonation application is allowed. The delay
NEUTRAL CITATION
C/CA/227/2025 ORDER DATED: 22/01/2025
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of 34 days in filing the review application is hereby condoned.
The office is directed to allot regular number to the review
application.
ORDER IN MISC. CIVIL APPLICATION (FOR REVIEW)
No. 177 of 2025:
1. Coming on the merits of the review application, we may
note that the petitioner is seeking for recall of the judgment
and order dated 9.10.2024 for disposal of Misc. Civil
Application (For contempt) No. 1207 of 2017, which has been
disposed of while passing final order in Special Civil
Application No. 5263 of 2017 and the connected matters
whereby the award passed by the Industrial Tribunal has been
upheld.
2. The contempt application has been filed on the premise
of non-compliance of the directions contained in the award
dated 2.9.2016, on the ground that there was no interim order
staying the effect and operation of the award passed by the
Tribunal.
3. It is intimated by the learned advocate for the applicant
that notice has been issued in the contempt application, but it
is an admitted fact of the matter that contempt has not
proceeded thereafter.
4. With the dismissal of the writ petition vide judgment and
order dated 9.10.2024, affirming the award dated 2.9.2016,
NEUTRAL CITATION
C/CA/227/2025 ORDER DATED: 22/01/2025
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we do not find any reason to keep the contempt application
filed in the year 2017 as pending. There is no reason to recall
the order dated 9.10.2024, by means of which the contempt
application along with the main matter has been disposed of.
5. However, it goes without saying that in case of non-
grant of the benefits awarded under award dated 2.9.2016 as
confirmed by this Court with the judgment and order dated
9.10.2024, it would always be open for the review applicant to
avail appropriate remedy. No case is made out for the review
of the said decision. The review application is, accordingly,
dismissed.
(SUNITA AGARWAL, CJ )
(PRANAV TRIVEDI,J)
SAJ GEORGE
