IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16364 of 2025 FOR APPROVAL AND SIGNATURE:

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

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

M/S. MADHU SILICA PVT. LTD.

Versus BAHADURBHAI HARJIBHAI CHAVDA =============================================================

Appearance:

MR DG SHUKLA(1998) for the Petitioner(s) No. 1 MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No. 1 MR. KULDEEP D VAIDYA(7045) for the Respondent(s) No. 1 =============================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 06/03/2026

JUDGMENT

1. RULE returnable forthwith. Mr. Kuldeep Vaidya, learned counsel for the respondent waives service of notice of rule on behalf of the respondent. With the consent of the learned counsels for the respective parties, the present petition is taken up for final hearing today.

2. Present petition is filed by the petitioner 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 Lordships may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other writ or direction quashing and setting aside the impugned Award dated 23.05.2025 passed by the learned Labour Court, Bhavnagar in Reference (LCB) Case No.41 of 2009 as being illegal, unjust, without jurisdiction and without authority in law;

(B) Pending hearing and final disposal of the present petition, Your Lordship may be pleased to grant the interim relief staying the impugned Award dated 23.05.2025 passed by the learned Labour Court, Bhavnagar in Reference (LCB) Case No.41 of

2009;

(C) An ex-parte ad interim relief in terms of paragraphs 9 (B)

above may kindly be granted;

(D) Any other and further reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. Brief facts giving rise to the present petition are that, the respondent workman was working with the petitioner Company w.e.f. 15.10.2004 and he was issued notice to submit explanation on 25.05.2005 to which he gave an explanation on 21.06.2005. That, the respondent workman had thereafter stopped reporting for duties without any intimation and without prior permission of his Superior Officer. That, the respondent had worked only for 151 days with the petitioner. That, the respondent raised an industrial dispute after more than 3 years and 8 months alleging that he was orally terminated from the services from 01.06.2005 before the Assistant Commissioner of Labour. That, the said industrial dispute came to be referred to the Labour Court, Bhavnagar being Reference (L.C.B.) Case No. 41 of 2009 whereby, the Labour Court vide award dated 23.05.2025 directed the petitioner to pay lump sum compensation of Rs.3,00,000/- in lieu of reinstatement in services with back wages along with cost of Rs.5,001/- to the respondent.

4. Being aggrieved and dissatisfied with the impugned award dated 23.05.2025 passed by the Labour Court, the petitioner has preferred the present petition.

5. Heard learned counsels Mr. DG Shukla and Mr. Harsheel Shukla for the petitioner and Mr. Kuldeep Vaidya, learned counsel for the respondent. Perused the materials available on record.

6. Learned counsel Mr. Shukla has submitted that the impugned award 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 did not consider the fact that the reference was filed by the respondent after a delay of about 4 years and was thus, barred by delay and laches. He has submitted that the respondent has also not given any explanation regarding the delay caused in raising the dispute after 4 years. He has submitted that t