ORDER :

1. The present Letters Patent Appeal is filed by the appellant-original petitioner under Clause 15 of the Letters Patent challenging the impugned oral order dated 04.08.2022 passed by the learned Single Judge in Special Civil Application No. 7759 of 2019 whereby the learned Single Judge has dismissed the petition.

2. The factual matrix of the present case is as under:

2.1 The respondent herein approached the Labour Court inter-alia alleging that she was working as a Sweeper for the last five years under the petitioner. A statement of claim was filed at Exhibit 6 on 29.12.2000. During the pendency of the proceedings before the Labour Court, the petitioner-appellant herein did not remain present and, therefore, there was no option for the Labour Court but to proceed with the Reference ex-parte and ultimately, the Labour Court passed an award on 20.09.2002. It is pertinent to note that the notice issued by the Labour Court was duly served to the Nagarpalika (the then Gram Panchayat).

2.2 Thereafter, the petitioner submitted Misc. Application No. 249 of 2004 under Rule 26A of the Industrial Disputes (Gujarat) Rules (hereinafter be referred to as “the Rules”). As there was delay of 652 days in preferring the said Misc. Application, the petitioner also filed separate application for condonation of delay. The concerned Labour Court dismissed the application for condonation of delay vide order dated 22.09.2006 on the ground that the petitioner had failed to show sufficient cause for not preferring the application under Section 26A of the Rules.

2.3 It is revealed from the record that thereafter, once again, the petitioner filed Misc. Application No. 160 of 2015 in Reference (LCA) Case No. 1865 of 2000. There was delay of 13 years caused in preferring the said application and, therefore, the concerned Labour Court vide order dated 01.02.2016 rejected the said application which was filed for condonation of delay.

2.4 The petitioner, therefore, filed the captioned petition before this Court in which the petitioner had prayed the following reliefs:

“(A) Admit this petition.

(B) Allow this petition by issuing a writ of mandamus or any other appropriate writ, order or direction by quashing and set aside the judgment and award dated 20.09.2002 passed in Reference (L.C.A.) Case No. 1865 of 2000 as well as the judgment and award dated 01.02.2016 passed in Misc. Application No. 160 of 2015 in Reference (L.C.A.) Case No. 1865 of 2000.

(C) Pending admission hearing and till final disposal of the present petition may be pleased to stay the execution, implementation, operation of the order dated 20.09.2002 passed in Reference (L.C.A.) Case No. 1865 of 2000 as well as the judgment and award dated 01.02.2016 passed in Misc. Application No. 160 of 2015 in Reference (L.C.A.) Case No. 1865 of 2000.

(D) Grant such other and further reliefs in the facts and circumstances of this case.”

2.5 The learned Single Judge vide oral order dated 04.08.2022 dismissed the petition filed by the petitioner-appellant herein and, therefore, the appellant has filed the present appeal.

3. Heard Mr. L.B. Dabhi, learned advocate appearing for the appellant herein and Mr. G.K. Rathod, learned advocate appearing for the respondent herein.

4. Mr.Dabhi, learned advocate appearing for the appellant has assailed the impugned order passed by the learned Single Judge mainly on the ground that before the Assistant Labour Commissioner, when the dispute was raised by the respondent, the petitioner has specifically taken a stand that the respondent was never an employee of the then Panchayat (present Nagarpalika) and, therefore, there is no question of reinstatement of the respondent. It is submitted by learned advocate for the appellant that though the said reply was sent to the Assistant Labour Commissioner, the dispute was referred to the Labour Court, Ahmedabad where Reference (L.C.A.) Case No. 1865 of 2000 was registered. It is also submitted by the learned advocate for the appellant th