Gujarat High Court
Jadiben Nathubhai Dathiya vs State Of Gujarat Through Deputy ... on 18 September, 2018
Author: K.M.Thaker
Bench: K.M.Thaker
C/SCA/3093/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 3093 of 2015
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JADIBEN NATHUBHAI DATHIYA
Versus
STATE OF GUJARAT THROUGH DEPUTY EXECUTIVE ENGINEER,
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Appearance:
MR. VISHAL P THAKKER(7079) for the PETITIONER(s) No. 1
MR KRUTIK PARIKH, AGP for the RESPONDENT(s) No. 1
RULE SERVED(64) for the RESPONDENT(s) No. 2,3
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CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 18/09/2018
ORAL ORDER
1. This petition was called out in first session, however, learned advocate or the petitioner was not present.
2. Though any request for passover or adjournment was not made, only with a view to granting one opportunity to the petitioner / learned advocate for the petitioner, the Court deferred the hearing till second session.
3. Now, in second session, when the petition is again called out and taken up for hearing, learned advocate / the petitioner is not present. Page 1 of 3 C/SCA/3093/2015 ORDER
4. Even in second call, any request for passover or adjournment is also not made. The petitioner has neglected the proceedings.
5. In present petition, the petitioner (original claimant before the learned Labour Court) has challenged award dated 19.12.2014 whereby the learned Labour Court rejected / dismissed the reference.
6. It appears that since the learned Labour Court has dismissed the reference, the petitioner has probably abandoned the proceeding or the cause to prosecute the petition now does not survive and probably the petitioner is not interested in prosecuting the petition on merits.
7. That appears to be the reason for absence of the petitioner / learned advocate for the petitioner.
8. Be that as it may, since the proceedings are not attended and despite two calls, any request for passover or adjournment is also not made, the Page 2 of 3 C/SCA/3093/2015 ORDER petition is dismissed on ground of non prosecution. Rule is discharged.
(K.M.THAKER, J) BHARAT Page 3 of 3