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2025 DAILYLAW 6837 (GUJ)

CHANDARIA CHARITABLE FOUNDATION v. DISTRICT DEPUTY DIRECTOR

SCA/2362/2024 · 2025-11-25

Hemant M Prachchhak

body2025

Judgment text

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C/SCA/2362/2024 ORDER DATED: 25/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2362 of 2024 ================================================================ CHANDARIA CHARITABLE FOUNDATION Versus DISTRICT DEPUTY DIRECTOR & ANR. ================================================================ Appearance: SIMPAL S RATHOD(8633) for the Petitioner(s) No. 1 MS ROSHNI PATEL, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 MR YOGEN N PANDYA(5766) for the Respondent(s) No. 2 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 25/11/2025 ORAL ORDER 1. Present petition is led against the impugned order passed under the Workman Compensation Act by the learned Workman Commissioner, Jamnagar in Workman Compensation (Non Fatal) Case No. 16 of 2018. 2. Heard learned counsel appearing on behalf of the respective parties. Perused the material placed on record. 3. The contention raised by the petitioner that the learned Commissioner without considering the record and material produced before the Court passed the order and held the petitioner as liable to pay compensation. However, considering the submission, prima facie it appears that the order of the learned Workman Commissioner is required to be challenged under the provisions of Section 30 of the Workman Compensation Act before the Appellate Authority, but instead of that present petition is led before this Court. C/SCA/2362/2024 ORDER DATED: 25/11/2025 4. Now, in view of the reported decision of the Hon'ble Apex Court in the case of Purni Devi Vs. Babu Ram reported in 2024 INSC 259 = 2024 (4) SCR 37, the period of limitation can be considered by the concerned Bench who is taking up the First Appeal against the order of the Commissioner. 5. In view of the above, the present petition is hereby dismissed. However, it is open for the petitioner to prefer appropriate proceedings under the Workman Compensation Act before the appropriate authority. Notice discharged. There shall be no order as to costs. (HEMANT M. PRACHCHHAK,J) Dolly Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 25/11/2025 17:20:16