IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 380 of 2026 ===============================================================

MANUBHAI HAMIRBHAI PARMAR Versus THE PRESIGING OFFICER & ANR.

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Appearance:

MR NAILESH B SHAH(10108) for the Petitioner(s) No. 1 MS ROSHNI PATEL AGP for the Respondent(s) No. 1,2 ===============================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 06/02/2026

ORAL ORDER

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

“(A) YOUR LORDSHIPS may be pleased to admit and allow this petition.

(B) YOUR LORDSHIPS may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order and or directions by quashing and setting aside the order dated 24/09/2025 passed by the presiding officer, Labour Court, Godhra in Reference Demand NO. 34 of 2024.

(C) Pending admission, hearing and final disposal of the petition, YOUR LORDSHIPS may be pleased to stay and suspend the execution, implementation and operation of the order dated 24/09/2025 passed by the presiding officer, Labour Court, Godhra in Reference Demand NO. 34 of 2024.

(D) YOUR LORDSHIPS may be pleased to grant any other and further reliefs as may be deemed fit and proper in the interest of justice.”

2. Brief facts giving rise to the present petition are that, the petitioner was employed as a daily wager on minimum wages at Range Forest, Jam Jodhpur Range since 15.01.1991. On 22.11.1998, the petitioner was orally terminated from services by the respondent. Thereafter, the petitioner had filed Civil Suit No 43/2001 before Seventh Additional Senior Civil Judge at Jamnagar whereby, vide judgment dated 11.02.2008, the suit came to be rejected. That, the petitioner had filed Regular Civil Appeal No.-133/2008 against order dated 11.02.2008 before the 6th Additional District Judge, Jamnagar whereby, vide judgment/order dated 04.07.2019, the suit came to be rejected. That, the petitioner had filed Second Appeal No.05/2022 before this Court against the order of the 6th Additional District Judge, Jamnagar whereby, the second appeal was dismissed. Consequently, the petitioner had filed Reference Demand No.34 of 2024 before the Presiding Officer, Labour Court, Jamnagar, whereby vide order dated 24.09.2025 the application was rejected.

3. Being aggrieved and dissatisfied with the impugned order dated 24.09.2025 passed by the Labour Court, the petitioner has preferred the present petition.

4. Heard Mr. Nailesh B Shah, learned counsel for the petitioner. Perused the materials available on record.

5. Learned counsel Mr. Shah 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 petitioner was orally terminated without following any due procedure and without following the provisions of the Industrial Disputes Act. He has submitted that the Labour Court, while deciding the reference has framed the issues, which reads as under:-

“(1) Whether the employee proves that they were illegally dismissed from their employment by the first party?

(2) Whether the employee is entitled to reinstatement to the original place of employment with pay for the days lost?

(3) What is the final order?”

5.1 Mr.Shah, learned counsel has submitted that the Labour Court has passed the impugned order without assigning any cogent and material reasons and thus, the impugned order deserves to be quashed and set aside. He has further submitted that the Labour Court has not at all considered the documentary evidences which were produced before the Labour Court and without going through that the Labour Court has passed the impug