SCA/1621/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1621 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? No 2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy of the judgment ? No 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 ? No 5 Whether it is to be circulated to the civil judge ? No ========================================================= ONGC LTD & 1 - Petitioner(s) Versus SMT. PUSHPABEN AMBALAL MAKWANA - Respondent(s) ========================================================= Appearance : MR K.B.NAIK FOR M/S TRIVEDI & GUPTA for Petitioner(s) : 1 - 2. GIRISH PATEL ASSOC for Respondent(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/05/2008 ORAL JUDGMENT 1. By way of this petition under Articles 226/227 of the Constitution of India, the petitioners have prayed for an appropriate writ, order or direction, quashing and setting SCA/1621/1999 2/4 JUDGMENT aside the impugned ex-parte order passed by the Labour Court, Vadodara dated 15.5.1998 passed in Recovery (Central) Application No.3 of 1993 as well as the order passed by the Labour Court, Vadodara dated 10.12.1998 passed in Misc. Application No.60/98 in dismissing the application for setting aside the ex-parte order dated 15.5.1998 passed in Recovery (Central) Application No.3 of 1993. 2. Heard the learned advocates appearing on behalf of respective parties. 3. Shri K.B.Naik, learned advocate appearing on behalf of the petitioners and Shri Srimali, learned advocate appearing on behalf of the respondents have submitted that, in the facts and circumstances of the case, if the impugned order passed by the Labour Court, Vadodara dated 15.5.1998 passed in Recovery (Central) Application No.3 of 1993 is quashed and set aside and matter be remanded to the Labour Court, Vadodara for deciding the same afresh, they will not have any objection. However, Shri Srimali, learned advocate appearing on behalf of the respondents has submitted that, as the petitioners were thoroughly negligent and did not remain present at the time of deciding Recovery (Central) Application SCA/1621/1999 3/4 JUDGMENT No.3/93, though the matter was adjourned for 13 times, appropriate order be passed imposing the cost for setting aside the ex-parte order. 4. In view of the above, the impugned order passed by the Labour Court, Vadodara dated 15.5.1998 passed in Recovery (Central) Application No.3 of 1993 as well as the order dated 10.12.1998 passed by the Labour Court, Vadodara, in Misc. Application No.60/98 are hereby quashed and set aside and the matter is remanded to the Labour Court for deciding Recovery (Central) Application No.3 of 1993 afresh in accordance with law and on merits. In the facts and circumstances of the case and for quashing and setting aside the ex-parte impugned order, the petitioners are directed to pay cost to the respondents herein by Account Payee Cheque in the name of Smt.Pushpaben Ambalal Makwana which is quantified at Rs.7,500/- (Rupees Seven Thousand Five Hundred only) which the petitioners are directed to pay the same within a period of four weeks from today. In the facts and circumstances of the case and as the application is of the year 1993, the Labour Court, Vadodara, is directed to give top priority to the same, and decide and SCA/1621/1999 4/4 JUDGMENT dispose of the same within a period of nine months from the date of receipt of this order, subject to co-operation by all concerned. All concerned are directed to give co-operation to the Labour Court, Vadodara for deciding the application within stipulated time as stated above. Rule is made absolute to the aforesaid extent. ( M.R. SHAH, J. ) syed/