IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 9949 of 2024 With R/SPECIAL CIVIL APPLICATION NO. 9962 of 2024 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================ Approved for Reporting Yes No ================================================================ GUJARAT ENERGY TRANSMISSION CORPORATION LTD (GETCO) THROUGH EXECUTIVE ENGINEER (TR) & ANR. Versus PRAVINKUMAR KESHAVBHAI PARMAR ================================================================ Appearance: MR JIGAR M PATEL(3841) for the Petitioner(s) No. 1,2 ANKIT N MEHTA(7302) for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 16/01/2026 COMMON ORAL JUDGMENT 1. Since common issue is involved in the captioned writ petitions, the same are heard analogously and are being decided by this common judgment. 2. RULE. Learned counsel Mr. Ankit Mehta, waives service of notice of Rule for and on behalf of the respondent in each petition. 3. Present petitions are &led by the petitioner – Gujarat Energy Transmission Corporation Ltd. (GETCO) under Article 226 & 227 of the Constitution of India read with the provisions of the Industrial Disputes p. 2 Act, 1947 (hereinafter be referred to as “the Act”) challenging the order dated 15.03.2024 passed by the learned Judge (S.D.), Labour Court, Bhavnagar (hereinafter be referred to as “the Labour Court”) in I.D. (Miscellaneous) Application Nos. 9 of 2023 & 8 of 2023 respectively &led by the petitioner in Reference (LCB) Case Nos. 53 of 2020 & 52 of 2020 respectively, whereby, the learned Judge has dismissed the aforesaid Misc. Applications for setting aside ex-parte Award dated 26.05.2023 passed by the Labour Court in the aforesaid References, whereby, the Labour Court had directed the petitioner to reinstate the respondent-workmen on their original posts with 20% back wages. 4. Brief facts leading to the present petitions are that, the respondent-workmen raised an industrial dispute against the petitioner, wherein they challenged so called oral order of termination dated 01.11.2014 and 04.02.2013 respectively and consequently, prayed for reinstatement in service with full back wages. That, the aforesaid industrial dispute culminated into Reference (LCB) Case Nos. 53 of 2020 & 52 of 2020 respectively. That, the Labour Court passed ex parte Award in the aforesaid References on 26.05.2023 and directed the petitioner to reinstate the respondent-workmen on their original posts with 20% back wages. That, the petitioner &led an application being I.D Miscellaneous Application Nos. 9 of 2023 & 8 of 2023 respectively for setting aside ex parte Award dated 26.05.2023. That, as there was delay caused in &ling the aforesaid Miscellaneous Applications, the petitioner &led an application seeking condonation of delay, which came to be allowed and the delay was condoned, however, the Labour Court dismissed the aforesaid Miscellaneous Applications vide order dated 15.03.2024. p. 3 5. Being aggrieved and dissatis&ed with the aforesaid order dated 15.03.2024 and the Award dated 26.05.2023, the the petitioner has preferred these petitions under Article 226 & 227 of the Constitution of India read with the provisions of Industrial Disputes Act, 1947. 6. Heard Mr. Jigar M. Patel, learned counsel appearing for the petitioner-GETCO and Mr. Ankit Mehta, learned counsel appearing for the respondent-workmen. 7. Learned counsel Mr. Patel has submitted that the impugned Award as well the order passed by the Labour Court are illegal, unjust, arbitrary, erroneous and contrary to the facts and material on record and the provisions of the Act and therefore, are required to be quashed and set aside. He has submitted that the petitioner had pointed out before the Labour Court that due to 2nd wave of Corona, the petitioner could not participate in the proceedings of the Reference, however, without considering this aspect, the Labour Court has passed an ex-parte Award, which is illegal, erroneous and unjust. He has further submitted that the petitioner should have been given an opportunity to defend the proceedings of the Reference on merits, rather than non-suited on the ground of technicalities and the parties should be given an opportunity to contest the case on merits. He has submitted that under such circumstances, the matters may be remanded back to the Labour Court, Bhavnagar for deciding the issue afresh, after giving proper opportunity of hearing to the petitioner. 8. As against that, Mr. Ankit Mehta, learned counsel for the respondent-workmen has supported the Award and the order passed by the Labour Court and submitted that no interference is required to be called for in the present petitions and the present petitions be p. 4 dismissed. 9. I have heard the learned counsel appearing for the respective parties and perused the impugned award passed by the Labour Court as well as the order passed in the Misc. Applications. It appears from the record that after considering the facts of the case, the Labour Court had condoned the delay caused in preferring the Misc. Applications, however, has dismissed the Misc. Applications &led by the petitioner for setting aside the ex-parte Award dated 26.05.2023. The Labour Court has allowed the Reference of the respondent- workmen on the ground that there was a breach of provisions of Sections 25(F) and 2(oo) and therefore, the Labour Court had passed an ex-parte Award dated 26.05.2023 and therefore, the petitioner has approached this Court seeking direction to re-hear the Reference on merits. On perusal of the order dated 15.03.2024 passed by the Labour Court in Misc. Applications, more particularly the reasons assigned in para-14 onwards, prima facie this Court is of the opinion that the present petitions deserve to be allowed and the matters are required to be remanded back to the concerned Labour Court for deciding the issue afresh, as there was a dispute with regard to delay in approaching the Labour Court by the petitioner due to prevailing Covid period and the petitioner could not produce relevant material before the Labour Court and therefore, an ex-parte Award was passed by the Labour Court. 10. Accordingly, both the petitions are partly allowed. The impugned Award dated 26.05.2023 passed by the Labour Court, Bhavnagar, in Reference (LCB) Case Nos. 53 of 2020 & 52 of 2020 respectively are hereby quashed and set aside, as well as the order dated 15.03.2024 passed by the Labour Court, Bhavnagar, in I.D. p. 5 (Miscellaneous) Application Nos. 9 of 2023 & 8 of 2023 respectively are also quashed and set aside. The matters are remanded back to the Labour Court, Bhavnagar. The aforesaid References are restored to their original &les. The Labour Court, Bhavnagar, shall decide the aforesaid References afresh in accordance with law, as expeditiously as possible, considering the fact that the References are of the year 2020, after giving proper opportunity of hearing to all the concerned parties. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HEMANT M. PRACHCHHAK,J) Dolly