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Gujarat High Court

Devubha Pratapsinh Jadeja vs Digjam Woolen Mills & Anr on 27 March, 2014

Author: Paresh Upadhyay

Bench: Paresh Upadhyay

         C/SCA/17189/2013                                      ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CIVIL APPLICATION NO. 17189 of 2013
================================================================
          DEVUBHA PRATAPSINH JADEJA                             ....Petitioner
                             Versus
          DIGJAM WOOLEN MILLS & ANR.                          ...Respondents
================================================================
Appearance:
MR YOGEN N PANDYA, ADVOCATE for the Petitioner
MS PARUL P VASAVADA, ADVOCATE for the Respondent No. 1
NOTICE SERVED for the Respondent No. 2
================================================================

         CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY

                                Date : 27/03/2014


                                 ORAL ORDER

1. Matter is called out twice. Learned advocate for respondent is not present.

2. Heard Mr.Yogen Pandya, learned advocate for the petitioner. Reliance is placed on the decision rendered by Honourable the Supreme Court in the case of Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. reported in (1999) 3 SCC 679, more particularly para:30 thereof. Contention is to the effect that, though the workman was suspended, no subsistance allowance was paid. Resultantly, he could not participate in the inquiry proceedings and the proceedings went ex parte. This point was specifically pressed into service before the Labour Court but the same was not accepted.

3. With a view to give one more chance to the respondent Management to put its case before this Court, stand over to 11.04.2014.

Page 1 of 2 C/SCA/17189/2013 ORDER

(PARESH UPADHYAY, J.) Amit/70 Page 2 of 2