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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19858 of 2023 [On note for speaking to minutes of judgment dated 23/06/2025 in R/SCA/19858/2023 ]

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GUJARAT KAMGAR PANCHAYAT Versus THE PRESIDING OFFICER, INDUSTRIAL COURT & ORS.

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Appearance:

IG JOSHI(8726) for the Petitioner(s) No. 1 MR DILIP B RANA(691) for the Respondent(s) No. 2,3 NOTICE SERVED for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 15/07/2025

ORAL ORDER

1. Considering the averments made in the Note for Speaking to Minutes, the same is hereby allowed.

2. In Paragraph No.6, the words “…It is contended that the total number of workmen on the date of closure of the said factory were more than 100 and the Vejalpur factory and Davalwadi factory is constituted as one establishment and its combined strength of workmen should be considered for the purpose fo applicability of Chapter V-B of the Act…” be substituted and be read as “…It is contended that the total number of workmen on the date of closure of the said factory were not more than 100 and the Vejalpur factory and Davalwadi factory

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is not constituted as one establishment and its combined strength of workmen cannot be considered for the purpose fo applicability of Chapter V-B of the Act…”.

3. Registry to carry out the necessary corrections in the judgment and issue a fresh writ of the same. Rest of the order shall remain unaltered.

(M. K. THAKKER,J)

M.M.MIRZA

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 19858 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No 

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GUJARAT KAMGAR PANCHAYAT Versus THE PRESIDING OFFICER, INDUSTRIAL COURT & ORS.

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Appearance:

IG JOSHI(8726) for the Petitioner(s) No. 1 LEARNED SENIOR ADVOCATE MR.K.M.PATEL with MR DILIP B RANA(691) for the Respondent(s) No. 2,3 NOTICE SERVED for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 23/06/2025

ORAL JUDGMENT

1. Rule returnable forthwith. Learned senior advocate Mr.K.M.Patel with learned advocate Mr.Dilip Rana waives service of Rule on behalf of respondent No.2 and

3.

2. Present petition is filed under Article 226 of the Constitution of India thereby challenging the order

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passed by the learned Tribunal at Vadodara dated 15.09.2023 passed below Exh.33 in Reference (I.T.) No.42 of 2018 challenging the application filed for amendment of statement of claim. This petition was dismissed by this Court vide order dated 05.08.2024, however, while dismissing the petition, the observation was made that it is open for the petitioner to take all the contention before the learned Tribunal at the time of arguments and the learned Industrial Tribunal shall consider the same in accordance with law and the observation made by the learned Tribunal will not come in the way of petitioner at the time of arguments. Challenging the said order dated 24.09.2024, in intra court appeal filed by both the parties, this Court has remanded the matter back to this Court by allowing the appeal being Letters Patent Appeal No.1374 of 2024 and No.1340 of 2024 directing the learned Single Judge to decide the matter afresh and the petition is heard thereafter, by this Court at length.

3. Gist of the case is that the petitioner Union raised a demand claiming the strength of employees more than 100, alleging the violation of provision under Chapter V-

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B. The respo

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