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2023 Supreme(Guj) 516

VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
BARVALA NAGAR PALIKA – Appellant
Versus
RAIYABEN KALUBHAI GALECHAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : LAKHPATSINH DABHI.
For the Respondents: ANURADHA G. RATHOD, G.K. RATHOD.

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

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