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2024 Supreme(Guj) 643

BIREN VAISHNAV, PRANAV TRIVEDI
Pandor Ranabhai Bhalabhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Mr. U.T. Mishra.
For the Respondents: Mr. Sanjay Udhwani, Asst. Govt. Pleader.

ORDER :

(Pranav Trivedi, J.)

1. The present Letters Patent Appeal preferred under Clause 15 of the Letters Patent assails the judgment and order dated 06.11.2023 passed by the learned Single Judge in Special Civil Application No. 3608 of 2022.

2. The prayers made in the writ petition preferred by the respondent herein – original petitioner was to quash and set aside the judgment and award dated 21.01.2020 passed by the labour court in Reference (LCH) No. 176 of 2015.

3. The learned Single Judge after taking into consideration the factual aspect and more particularly the ratio laid down by the Hon’ble Apex Court in the case of Prabhakar v. Joint Director, Sericulture Department & Anr., reported in (2015) 15 SCC 1 held that the Reference itself was not maintainable on the ground of delay and therefore, the petition was required to be allowed. On the said view point, the learned Single Judge allowed the writ petition and quashed and set aside the impugned judgment and award passed by the labour court in Reference (LCH) No. 176 of 2015.

4. The factual matrix which led to filing of the writ petition is that the appellant herein – original respondent was working as a daily wager – watchman si

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