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2024 Supreme(Online)(GUJ) 20375

HIGH COURT OF GUJARAT
MR. JUSTICE BIREN VAISHNAV, MR. JUSTICE PRANAV TRIVEDI, JJ
THE STATE OF GUJARAT – Appellant
Versus
NAGUJI RIZVAN ABDUL MAJIT – Respondent


Petitioner Advocates:GOVERNMENT PLEADER(1) ,Respondent Advocate:

ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV) [1]Heard Ms. Shruti Dhruve, learned advocate appearing for the appellant.

[2]This appeal has been filed by the State challenging the order dated 04.04.2019 passed by the learned Single Judge. [3]Perusal of the order dated 04.04.2019 indicates that the award which was under challenge by the State was dated 16.12.2014. The learned Single Judge therefore rejected the petition and held as under:

  • "On consideration of the submissions made by learned AGP, it would transpire that the challenge to the main award dated 16/12/2014 is hopelessly delayed by about five years; without any plausible explanation.
  • On the principle envisaged in Prabhakar Vs. Joint Director, Sericulture Department And Another reported in (2015) 15 SCC 1, the State also would be under an obligation to explain the delay in lodging a challenge to the award.
  • Learned AGP invited the attention of this Court to paragraph 5 of the petition with the submission that the delay has been explained. The averment runs thus:
  • “5. It is submitted that the impugned order at ANNEXUREA totally passed by the Learned Labour Court on 16.12.2014, However, the certified copy of the sam

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