Chandulal Jethalal Daudia vs Maruti Courier Service on 12 November, 2014

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Gujarat High Court

Chandulal Jethalal Daudia vs Maruti Courier Service on 12 November, 2014

Bench: M.R. Shah

        C/SCA/23236/2006                                  JUDGMENT




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CIVIL APPLICATION NO. 23236 of 2006



FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE M.R. SHAH Sd/-
================================================================

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 ?

================================================================
               CHANDULAL JETHALAL DAUDIA....Petitioner(s)
                               Versus
                MARUTI COURIER SERVICE....Respondent(s)
================================================================
Appearance:
MR PREMAL S RACHH, ADVOCATE for the Petitioner(s) No. 1
MR PS GOGIA, ADVOCATE for the Respondent(s) No. 1
================================================================

         CORAM: HONOURABLE MR.JUSTICE M.R. SHAH

                            Date : 12/11/2014
                           ORAL JUDGMENT

1.00. By way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for appropriate Page 1 of 4 C/SCA/23236/2006 JUDGMENT writ, order and/or direction to quash and set aside the impugned Judgement and Award passed by the learned Presiding Officer, Labour Court, Jamnagar in Reference (LCJ) No.322 of 2006 dated 19/7/2006 by which the learned Labour Court has dismissed the said reference.

2.00. That the petitioner herein raised an industrial dispute challenging his termination w.e.f. 15/5/2001 alleging inter-alia that prior thereto he has worked as a delivery man for four years on the monthly salary of Rs.2500/-. However, thereafter on and from 15/5/2001, his services have been terminated illegally and without following any due procedure as required under the Industrial Disputes Act. The dispute was referred to the Labour Court, Jamnagar being Reference (LCJ) No.322 of 2001. It appears that before the Labour court, the petitioner submitted production application dated 19/2/2003 with a request to direct the respondent herein to produce certain documents mentioned in the said production application dated 19/2/2003. Even the respondent, filed reply against the said production application. However, thereafter no order came to be passed by the Labour Court on the production application dated 19/2/2003 and thereafter by the impugned judgement and award, the Labour Court has rejected the said reference by observing that the petitioner has failed to produce any evidence to prove that he has completed not less than 240 days in the last preceding year. The impugned judgement and award passed by the Labour Court rejecting the reference is the subject matter of the present petition under Article 227 of the Constitution of India.



2.02.           Considering    the      fact       that    on   the    application



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          C/SCA/23236/2006                                 JUDGMENT




submitted by the petitioner            directing the respondent       to

produce certain documents mentioned in the application dated 19/2/2003, no order was passed by the Labour Court and therefore, the question with respect to adverse inference against the respondent may arise, which has not been properly dealt with and considered by the Labour court, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that let the impugned judgement and award passed by the learned Labour Court be quashed and set aside and the Labour Court may be directed to decide and dispose of the reference afresh in accordance with law and on merits and after passing appropriate order on the production application dated 19/2/2003 submitted by the petitioner and consider whether any adverse inference may be drawn or not, and thereafter pass appropriate order as stated hereinabove.

3.00. In view of the above broad consensus between the learned advocates appearing on behalf of the respective parties referred to hereinabove and without further expressing any opinion in favour of either of the parties, more particularly, considering the fact that on the production application submitted by the petitioner dated 19/2/2003 requesting to direct the respondent to produce certain documents, no order has been passed and therefore, the question with respect to adverse inference may arise, the impugned judgement and award passed by the learned Presiding Officer, Labour Court, Jamnagar in Reference (LCJ) No.322 of 2001 dated 19/7/2006 is hereby quashed and set aside and the matter is remanded to the Labour Court, Jamnagar to decide and dispose of the reference in afresh in accordance with law and on merits and Page 3 of 4 C/SCA/23236/2006 JUDGMENT after passing appropriate order on the production application submitted by the petitioner dated 19/2/2003, by which the petitioner prayed for appropriate order directing the respondent to produce documents mentioned in the aforesaid production application. On remand the Labour Court to pass appropriate order in accordance with law and dispose of the reference at the earliest but not later than 30/6/2015. Rule is made absolute to the aforesaid extent. In the facts and circumstances of the case, there shall be no order as to costs.

Sd/-

(M.R.SHAH, J.) Rafik.

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