Sajjadbhai Mehmoodbhai Sindhi vs Manager, Indo-Chem Limited
2025 Latest Caselaw 1475 Guj

Gujarat High Court

Sajjadbhai Mehmoodbhai Sindhi vs Manager, Indo-Chem Limited on 29 July, 2025

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                             C/SCA/11260/2023                                      JUDGMENT DATED: 29/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                       R/SPECIAL CIVIL APPLICATION NO. 11260 of 2023


                        FOR APPROVAL AND SIGNATURE:


                        HONOURABLE MRS. JUSTICE M. K. THAKKER
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                                     Approved for Reporting                       Yes           No
                                                                                          ✔
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                                                 SAJJADBHAI MEHMOODBHAI SINDHI
                                                             Versus
                                                MANAGER, INDO-CHEM LIMITED & ANR.
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                        Appearance:
                        JAIVIK UDAY BHATT(7319) for the Petitioner(s) No. 1
                        MR PRABHAKAR UPADYAY(1060) for the Respondent(s) No. 1
                        NOTICE SERVED for the Respondent(s) No. 2
                        ==========================================================

                           CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                              Date : 29/07/2025

                                                              ORAL JUDGMENT

1. The present petition is filed under Articles 226 and 227 of

the Constitution of India, read with Sections 33 and 10 of the

Industrial Disputes Act, challenging the order passed by the

learned Labour Court, Vadodara below Exh.25 in Recovery

Application No.11 of 2016 dated 15.12.2022, whereby the

learned Court has rejected the recovery case on the ground of

delay.

2. At the outset, both the parties had submitted before this

NEUTRAL CITATION

C/SCA/11260/2023 JUDGMENT DATED: 29/07/2025

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Court that as the learned Court has only examined the aspect of

delay without considering the fact that as the award was passed

by the learned Labour Court directing the reinstatement was not

implemented till 2016 and therefore, it would be a continuous

cause of action. Therefore, in that background, the application

would not be barred by the delay.

3. In view of the above consent, in the considered opinion of

this Court, the matter is required to be remanded back to the

learned Recovery Court for deciding afresh after examining all

issues and on considering the submissions made by both the

parties.

4. Resultantly, the present petition is allowed. The impugned

order dated 15.12.2022 is hereby set aside. The learned Recovery

Court shall decide the Recovery Application, being a Recovery (c-

1) 11 of 2016, afresh. All the contentions and the rights are kept

open for both the parties. This Court has not gone into the merits

of the case, except on the part of the delay. The learned Court

shall decide the recovery application without being influenced by

any observations made by this Court as well as the impugned

order.

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C/SCA/11260/2023 JUDGMENT DATED: 29/07/2025

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5. As the recovery application was filed in the year 2016, the

learned Court shall decide the same as expeditiously as possible,

preferably within a period of 6 months from today.

(M. K. THAKKER,J) Vikramsinh Amarsinh