C/CA/3627/2025 ORDER DATED: 18/07/2025 N THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3627 of 2025 In R/LETTERS PATENT APPEAL NO. 865 of 2025 With R/LETTERS PATENT APPEAL NO. 865 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 163 of 2025 ========================================================== AKHIL GUJARAT KAMDAR VIDYUT SANGH THROUGH JAYESH VITHTHALBHAI PATEL (WORKMAN) Versus SUPERINTENDENT ENGINEER ========================================================== Appearance: MR PARESH J BRAHMBHATT(9788) for the Applicant(s) No. 1 MR VIRAL J DAVE(5751) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR.JUSTICE R. T. VACHHANI Date : 18/07/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) ORDER IN CIVIL APPLICATION NO. 3627 of 2025: Learned advocate for the applicant Mr.Brahmbhatt, has submitted that delay of 137 days is caused in preferring the captioned appeal since the Vice President of the Union Mr.Mahesh Bhavsar and the main office bearer assisting the applicant was hospitalized and was seriously ill and was unable to hear and speak, as also the applicant is residing at Kapadvanj, it was difficult for the applicant to even frequently travel there-from and therefore, such time was consumed in taking effective decision. It is, therefore, urged that in the interest of justice the delay of 137 days caused in preferring the captioned appeal may be condoned. 2. Opposing the present application, learned advocate Mr.Dave C/CA/3627/2025 ORDER DATED: 18/07/2025 appearing for the respondent has submitted that since the delay is not properly explained, it may not be condoned. 3. Having heard the learned advocates appearing for the respective parties and considering the cause as recorded herein above, we find that the explanation given by the applicant is palatable and therefore the delay of 137 days caused in preferring the appeal is condoned. Registry to give the Pakka Number. Accordingly, the application is disposed of. ORDER IN R/LETTERS PATENT APPEAL NO. 865 of 2025: Learned Advocate Mr.Brambhatt for the appellant has placed reliance upon the decision of the Supreme Court in the case of Arkal Govind Raj Rao vs Ciba Geigy Of India Ltd., Bombay AIR 1985 985 and has submitted that the Labour Court has fell in error in rejecting the reference proceedings by holding that the appellant is not the workman. He has further referred to the duties which are assigned to the present appellant and also incorporated by the Labour Court in its award and has submitted that the duties would reveal that the nature of work assigned to the appellant was clerical. Issue Notice to the respondent returnable on 18/08/2025. Learned Advocate Mr.Dave waives service of notice for respondent. (A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura / 21 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 18/07/2025 14:08:25