LAWS(GJH)-2022-9-1444

RAJENDRASINH JATUBHA JADEJA Vs. DEPUTY EXECUTIVE ENGINEER

Decided On September 29, 2022
Rajendrasinh Jatubha Jadeja Appellant
V/S
DEPUTY EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Soaham Joshi, learned Assistant Government Pleader waives service of notice of Rule for the respondent/s.

(2.) Challenge in these petitions, under Article 226 of the Constitution of India is to the orders passed by the Labour Court dtd. 15/10/2019 in Miscellaneous Civil Application No.2 of 2019 in Reference (LCR) No.40 of 2012 and Miscellaneous Civil Application No.3 of 2019 in Reference (LCR) No.38 of 2012, by which, the applications for restoration of the proceedings is restored.

(3.) Prima facie, the orders indicate that the Labour Court has unnecessarily gone into the Reference to Judgments of the High Court and Hon'ble Supreme Court and made observations beyond the controversy without referring to the provisions of law in context of Rule 26(A) of the Industrial Disputes (Gujarat) Rules, 1966.