SANJAY KANAIYALAL VYAS Vs. JETPUR NAVGADH NAGAR PALIKA

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the appellant - original petitioner has challenged the order dtd. 10/06/2022 passed by learned Single Judge in Special Civil Application No.5761 of 2021, by which, learned Single Judge has refused to entertain the petition challenging the award dtd. 29/01/2016 passed by Member of the Industrial Tribunal, Rajkot in Reference (IT) No.356 of 2000, by which, the Tribunal has refused the reference on the ground that the appellant has neither produced any document nor lead any evidence for 16 years.

(2.) Mr.U.T.Mishra, learned advocate appearing for the appellant would submit that the Tribunal has not decided reference on merits and refused only on the ground of delay, that too, without proceedings with the case. Learned Single Judge ought to have quashed and set aside the impugned award and ought to have directed the Tribunal to decide the Reference on merits since the appellant is a poor workman. He would further submit that a similar case is entertained whereby the order is quashed and set aside and was decided ex-parte, and therefore, the appeal may be allowed and the matter may be remanded to the Tribunal for fresh consideration.

(3.) We have heard learned advocates appearing for the respective parties and perused the award dtd. 29/01/2016 and order dtd. 25/11/2020 passed by the Tribunal in Restoration Application No.3 of 2022 as well as impugned order dtd. 10/06/2022 passed by the learned Single Judge in Special Civil Application No.5761 of 2021. It is observed by the Tribunal that though sufficient opportunity is granted, the petitioner did not lead any evidence and kept the matter pending for 16 years and ultimately came to be dismissed on 29/01/2016. Thereafter, restoration application has been filed by the appellant after a period of 4 years i.e. in the year 2020, which came to be dismissed by the Tribunal vide order dtd. 25/11/2020. However, several aspects have been considered by learned Single Judge and by relying upon the decision rendered by this Court in the case of Divisional Railway Manager V. Secretary reported in 2002(2) GLR 1164, not interfered with the order passed by the Tribunal and dismissed the petition. Learned Single Judge in para-8 observed as under :