IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 409 of 2003 Hon'ble MR.JUSTICE RAVI R.TRIPATHI ============================================================ 1. Whether Reporters of Local Papers may be allowed : YES to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- NATVRBHAI NARUBHAI RATHOD Versus EXECUTIVE ENGINEER -------------------------------------------------------------- Appearance: MR JANAKRAY K RAVAL for Petitioner No. 1 MR DIGANT JOSHI for Respondent No. 1-2 -------------------------------------------------------------- CORAM : MR.JUSTICE RAVI R.TRIPATHI Date of decision: 17/03/2003 ORAL JUDGEMENT 1. Despite the notice issued on 28th January 2003, returnable on 14th February 2003, no affidavit in reply is filed. Mr. Digant Joshi, learned AGP appearing in the matter submitted that respondents do not have any explanation for the observations made by the learned Judge to the effect that, "the workman is not able to prove that he was senior as daily wager and that the establishment has violated his seniority" despite the deposition of the workman to that effect. Hence Rule. 2. Head the learned counsels. The contents of the deposition of the present petitioner are not taken into consideration by the learned Judge in the impugned award. The observations of the learned Judge do not find any support from the evidence on the record. In this view of the matter the present petition is required to be allowed. Accordingly the present petition is allowed. The matter is remanded to the Labour Court for deciding afresh after granting opportunity of hearing to both the parties. The Labour Court shall hear the matter on priority basis and decide the same within a period of six months from the date of receipt of writ of this order. Rule is made absolute with no order as to costs. [RAVI R. TRIPATHI J.] *ar*