Remanded

Ll Equipment and Machines Pvt. Ltd. v. State of Gujarat

Gujarat HC19 Aug 2019SCA/5097/2018

Case brief

AI extract

What is this about?

In a special civil application under Article 226 challenging an award for alleged clerical errors, the High Court at Ahmedabad remanded the matter to the designated Labour authority for reconsideration on merits following a unanimous request by both parties.

What did the court decide?

Remanded the matter to Respondent No. 2 (SLIFC) for reconsideration of the award No. 4 of 2017.

Ll Equipment and Machines Pvt. Ltd. Vs State… — Labour and Industrial Disputes | Gujarat HC (2019)

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C/SCA/5097/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 5097 of 2018

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============================================= LL EQUIPMENT AND MACHINES PVT LTD

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Versus STATE OF GUJARAT & 3 other(s)

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=============================================

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Appearance: CHINTAN K GANDHI(8600) for the Petitioner(s) No. 1 RAVAL AND TRIVEDI ASSOCIATES(9262) for the Petitioner(s) No. 1

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MR. DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1 MR. SAHIL M SHAH(6318) for the Respondent(s) No. 3 NOTICE SERVED(4) for the Respondent(s) No. 2 NOTICE UNSERVED(8) for the Respondent(s) No. 4

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=============================================

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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

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Date : 19/08/2019

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ORAL ORDER

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Learned Advocate for the respondent seeks permission to delete the respondent No.4.

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This petition is filed under Article-226 of the Constitution of India, challenging the impugned award No. 4 of 2017 dated 21-08-2017. Primarily, challenge is made on what appears to be a clerical error where the petitioner was pursuing two applications and the impugned order consisted of details of one application, but the figure of another application. As a result of this, the effective order consisted of figures, which was not relevant for the purpose of the application deciding under the impugned order.

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Learned Advocate for the respondent No.3 submitted that very same order is the subject matter of challenge before the District Court by way of statutory appeal.

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Page 1 of 2

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C/SCA/5097/2018 ORDER

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Pending this petition, learned Advocate for the petitioner has produced on record the communication addressed by the petitioner to the Advocate that the matter be remanded back to the Authorities for reconsidering the grievance raised by the petitioner in this petition.

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To this preposition, learned Advocate for the respondent No.3 has no objection, if the matter is remanded back and the same be heard on merits afresh.

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In view of the aforesaid consensus arrived at the parties, it will be appropriate to remand the matter back to the respondent No.2 (SLIFC) for reconsidering the impugned award No. 4 of 2017.

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With the aforesaid, the petition stands disposed of. The matter is relegated back to the respondent No.2 (SLIFC) for afresh hearing on merits after granting an opportunity of hearing to both i.e. the petitioner as well as respondent No.3.

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Direct service is permitted.

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(A.Y. KOGJE, J)

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PARESH SOMPURA

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Page 2 of 2

Ll Equipment and Machines Pvt. Ltd. v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Ll Equipment and Machines Pvt. Ltd. v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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