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NEUTRAL CITATION

C/SCA/4661/2026 ORDER DATED: 06/05/2026

0.9369221003762792

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 4661 of 2026

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GURUKRUPA TRAVELS AGENCY THROUGH PROPRIETOR GIRISHBHAI

BHAILALBHAI BAROT

Versus

VINUBHAI VARBHAI VADI

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Appearance:

MR PARESH J BRAHMBHATT(9788) for the Petitioner(s) No. 1

MR RAJESH P MANKAD(2637) for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

Date : 06/05/2026

ORAL ORDER

1. By the present writ petition, the petitioner is

impugning the order dated 20.02.2026 passed by the learned

Labour Court, Mehsana in Misc. Application No. 18 of 2025 in

Reference (LCM) No. 756 of 2008 and the order dated

31.07.2025 in Misc. Application No. 17 of 2019 in Reference

(LCM) No. 756 of 2008 passed by the learned Labour Court

and further the impugned judgment and order dated

24.05.2016 passed by the learned Labour Court, Mehsana in

Reference (LCM) No. 756 of 2008.

2. Learned advocate Mr. Paresh Brahmbhatt for the

petitioner submits that the petitioner was not aware of the

pendency of the proceedings in Refrence (LCM) No. 756 of

2008. He submits that no notice was ever received by him

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NEUTRAL CITATION

C/SCA/4661/2026 ORDER DATED: 06/05/2026

0.9369221003762792

and therefore, the said reference proceedings came to be

conducted ex-parte and the impugned order dated

24.05.2016 came to be passed against the petitioner

directing the reinstatement of the respondent with

continuity in service with 50% back wages. The learned

advocate submits that upon coming to know of the reference

proceedings due to the service of the order in Recovery

Application No. 8 of 2017, the petitioner has filed Misc.

Application No. 17 of 2019 in the learned Labour Court

seeking restoration of the Reference (LCM) No. 756 of 2008

along with an application for condonation of delay. He

submits that the said application for condonation of delay

came to be dismissed by the order dated 31.07.2025.

2.1 Learned advocate submits that the learned Labour

Court has erred in dismissing the delay condonation

application. He submits that the petitioner has made out

sufÏcient cause for condoning the delay since it was not

aware of the pending reference proceedings nor any notice

was served upon the petitioner. Learned advocate submits

that the copy of the award dated 24.05.2016 was also not

served upon the petitioner. He submits that Misc.

Application No. 17 of 2019 was filed immediately upon

having knowledge of such reference proceedings as well as

recovery proceedings. He submits that such an application

came to be filed on 06.07.2019. Learned advocate submits

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NEUTRAL CITATION

C/SCA/4661/2026 ORDER DATED: 06/05/2026

0.9369221003762792

that the learned Labour Court has erred in dismissing the

delay condonation application. He submits that the

petitioner ought to have been granted fair opportunity to

contest the reference proceedings.

2.2 It is further submitted by the learned advocate for the

petitioner that thereafter the petitioner had preferred

Second Misc. Application No. 18 of 2025 along with

application for condonation of delay. The second Misc.

Application came to be rejected by the order dated

20.02.2026 being barred by law and not maintainable. Since

earlier Misc. Application No. 17 of 2025 was rejected on

merits. Learned advocate submits that pending the second

Misc. Application No. 18 of 2025 before the learned Labour

Court, the petitioner had also preferred Special Civil

Application No. 16399 of 2025 challenging the award dated

24.05.2016. He submits that by the order dated 16.02.2026

the petitioner had withdrawn the said writ petition with a

liberty to file a fresh w