JYOTI INFRATECH COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. The learned AGP Ms. Sweety Samara waives service of rule on behalf of the respondents.

(2.) By the present Writ Petition, the petitioner is impugning the order dtd. 7/8/2024 passed by the Licensing Officer and Assistant Labour Officer, Ahmedabad and the order dtd. 28/3/2025 passed by the Labour Controller, Ahmedabad.

(3.) The learned counsel Mr. R. C. Jani with the learned counsel Mr. Vishrut R. Jani appearing for the petitioner submits that as per Rule 82 of the Contract Labour (Regulation and Abolition) (Gujarat) Rules, 1972, the License Holder is mandated to file the consolidated annual return under self- certification along with the required documents and information between 1st January and 1st March of every calender year. The learned counsel submits that for the year 2024, the petitioner could not file the consolidated annual return within the stipulated period. He submits that the consolidated annual return came to be filed on 17/8/2024. He submits that the petitioner had given sufficient reasons for delay in filing such consolidated annual return. The learned counsel submits that however, without giving any due opportunity of hearing to the petitioner, the respondents have cancelled the license of the petitioner by the order dtd. 7/8/2024. The learned counsel submits that drastic action has been taken by the respondent authority without giving any opportunity of hearing and explaining the delay in filing such consolidated annual return. The learned counsel relies upon the judgment of the Coordinate Bench of this Court in the case of Mateshwari Bus Operations Pvt. Ltd. vs. Assistant Labour Commissioner and Licensing Authority in Special Civil Application No.13221 of 2025 decided on 22/9/2025, wherein in similar circumstances, this Court has set aside a similar order and remanded the matter back to the respondent Nos.2 and 3 for fresh consideration after providing reasonable opportunity of hearing to the parties. He submits that similar order may be passed in the present case since the facts are also identical.