IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3009 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK =============================================================

Approved for Reporting Yes No =============================================================

GOSAI PRAVINGIRI DHARMGIRI Versus THE DIRECTOR, ASHOK ORGANIC INDUSTRIES LTD. & ANR.

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Appearance:

MR PRANAV K TRIVEDI(9735) for the Petitioner(s) No. 1 =============================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 06/03/2026

JUDGMENT

1. RULE. The present petition is taken up for final hearing today.

2. Present petition is filed by the petition under Articles 226 and 227 of the Constitution of India read with the provisions of The Industrial Disputes Act, 1947 seeking following reliefs:

“A. YOUR LORDSHIP may be pleased to admit and allow the present petition;

B. YOUR LORDSHIP may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing and setting aside the order dated 24-04-2025 passed below Exhibit -21 in Recovery (C-2)

Application No. 27 of 2019 by the Learned Labour Court, Vadodara;

In the alternative, C. YOUR LORDSHIP may be pleased to remand back the proceedings to the Learned Labour Court, Vadodara, with a direction to adjudicate the application afresh on merits and in accordance with law, without being influenced by the question of delay;

D. Such other and further relief or relieves as may be deem fit, just and proper, in the facts and circumstances of the case;”

3. Brief facts giving rise to the present petition are that, the petitioner was appointed as a Chemist on 18.05.1981 with respondent No.1 at Vadodara. That, the petitioner was promoted to the post of Plant In-charge w.e.f. 01.06.1994 and thereafter, w.e.f. 01.07.1999, the petitioner was further promoted as Senior Officer (MCA Plant). That, on 06.11.2000 the petitioner was transferred by respondent No.1 to Ashok Alco-Chem Ltd., Mahad (Maharashtra) with continuity of service. That, despite subsisting employer-employee relationship, the respondents failed to pay lawful wages and dues to the petitioner. That, on 06.05.2011 name of respondent No.1 changed from Ashok Organic Industries Ltd. to Kumaka Industries Ltd. That, since respondent No. 1 failed to pay the lawful dues, the petitioner filed Recovery (C-2) Application No. 27 of 2019 under Section 33-C(2) of the Industrial Disputes Act before the Labour Court, Vadodara seeking computation and recovery of monetary benefits whereby, the Labour Court vide order dated 24.04.2025 rejected the application on the ground of considerable delay.

4. Being aggrieved and dissatisfied with the impugned order dated 24.04.2025 passed by the Labour Court, the petitioner has preferred the present petition.

5. Heard Mr. Pranav Trivedi, learned counsel for the petitioner. Perused the materials available on record.

6. Learned counsel Mr. Trivedi has submitted that the impugned order passed by the Labour Court is illegal, unjust, arbitrary, erroneous and contrary to the facts and material on record and the provisions of the Act and therefore, is required to be quashed and set aside. He has submitted that the Labour Court has not dealt with the documentary evidence relied upon by the petitioner and rejected the application entirely on the ground of delay and thus, ignoring the settled legal proposition that no period of limitation is prescribed for applications under section 33-C(2) of the Act. He has submitted that the Labour Court did not consider the fact that the proceedings under section 33-C(2) of the Industrial Disputes Act are in the nature of computation of an existing right, and not adjudication of a fresh dispute. He has submitted that the Labour Court has relied upon the false submissions made by the respondent No.1 that, respondent No