SCA/5227/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5227 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================= VIRENDRAKUMAR SHARDAPRASAD MISHRA - Petitioner Versus SHETH C.L. HINDI HIGH SCHOOL - Respondent ================================================= Appearance : MR LN MEDIPALLY for Petitioner : DS AFF.NOT FILED (N) for Respondent : MS ROMA I FIDELIS for Respondent : ================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 19/12/2008 ORAL JUDGMENT 1. Rule. Shri D.M. Jayswal for Ms. Fidelis waives service of notice of rule for respondent. With the consent of the counsels for the parties, rule is fixed forthwith. 2. The petitioner has assailed the award dated 21/7/2007 rejecting the reference on account of petitioner's failure SCA/5227/2008 2/3 JUDGMENT in attending the Court as treated to be his failure to prove his case so as to grant him the relief in reference. 3. Shri Medipally for the petitioner contended that in fact there was an award in favour of the petitioner, though it was ex parte, as there was no appearance and or non- prosecution on the part of the respondent herein. The Misc. Application for restoration was even rejected once. However respondent filed another Misc. Application which came to be allowed vide order dated 16/3/2006. Unfortunately that order has remain unchallenged but even that order ought not to have been passed. Shri Medipally has submitted that the Labour Court has not even adverted to the contentions raised by the petitioner in the statement of claim. The award is absolutely non speaking and it is clear that it has proceeded on the footing that the workman had not been interested and had abandoned the cause, which is not the case, and therefore the same deserves to be quashed and set aside and appropriate relief deserves to be accorded. 4. Shri Jayswal has fairly conceded that the respondent has no objection in case the matter is remanded as it can not be disputed that the award is mainly based upon the failure of the workman to attend the Court on certain occasions. 5. This Court do not dwell upon other aspects in view of the submission made by Shri Jayswal for the respondent. The award dated 21/7/2007 made in Reference No. (LCA) 2309/1992 is hereby quashed and set aside. The matter SCA/5227/2008 3/3 JUDGMENT is remanded back to the concerned Court with a specific direction that same be decided on merits, preferably within six months from the date of receipt of writ of the Court. With this observation the petition is disposed of. Rule made absolute to the aforesaid extent only. No order as to cost. [ S.R. BRAHMBHATT, J ] /vgn