NARANBHAI BHALABHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following reliefs :-

(2.) The learned counsel for the petitioner in order to avoid a particular Bench has amended the cause title, wherein it is referred as In the Service Matter. Normally, in the cause title either the name of the Act is referred or the provisions of the Act are referred and there is no practice in the Gujarat High Court to write In the Service Matter in the cause title. It is required to be noted that in the cause title, amendment regarding In the Service matter is made after filing of the affidavit by the deponent and affirmed and endorsed by the Notary on 05.03.2010. However, Mr. Pathak admits that the correction in the cause title is made initially by him. Having taken recourse to such a method, which, in my opinion, amounts to forum shopping. I, therefore, find that the practice of forum shopping by choosing a Court of their choice, by amending the cause title after filing of the petition, should be depreciated and the same cannot be permitted, under any circumstances.

(3.) The reliefs which are claimed by the petitioner in the present petition are pursuant to the impugned award passed by the Labour Court, which was partly allowed by this Court vide order dated 26.12.2005 passed in Special Civil Application No. 11727 of 2002. Therefore, the impugned order which is required to be implemented is of the year 2005 and it is sought to be challenged after about more than three years. In view of the decision of the Apex Court in the case of Shiv Dass v. Union of India & Ors., reported in AIR 2007 SC 1330, wherein, it has been held that the cause of action continues from month to month and that if the petition is filed beyond reasonable period, the Court would reject the same or restrict the relief.