DY EXECUTIVE ENGINEER Vs. SAGARAMBHAI OGHADBHAI

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner Executive Engineer, Panchayat R & B Department, has prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 30.06.2010 passed by Labour Court, Surendranagar in ID Misc. Application No.13 of 2009 below Exh.9, by which, Labour Court has dismissed the said application by not condoning the delay in preferring the application for setting aside the ex-parte judgement and award dated 29.03.2007 passed by the Labour Court in Reference (LCS) No.4 of 2002.

(2.) Heard Ms. R.V. Acharya, learned advocate appearing on behalf of the petitioner and Shri Mukesh Rathod, learned advocate appearing on behalf of the respondent.

(3.) Having heard the learned advocates appearing on behalf of respective parties and considering the impugned order passed by the Labour Court, Surendranagar, it appears that the Labour Court has taken too technical view in not condoning the delay in preferring the application to set aside the ex-parte judgement and award passed by the Labour Court in Reference (LCS) No.4 of 2002. It is to be noted that as such the petitioner herein had earlier preferred Special Civil Application No.9015 of 2008 before this Court challenging the ex-parte judgement and award dated 29/03/2007 passed in Reference (LCS) No.4/2002. However, in view of alternative efficacious remedy available to the petitioner to submit an application under Rule 26[A] of the Industrial Disputes [Gujarat] Rules,1966 for quashing and setting aside the ex-parte judgment and award, this Court did not enter into the merits of the case and relegated the petitioner to approach the concerned Labour Court and submit application under Rule 26[A] of the Industrial Disputes [Gujarat] Rules,1966.