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SCA/13332/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13332 of 2009
=========================================================
TALUKA
DEVELOPMENT OFFICER - Petitioner(s)
Versus
VAGHELA
BHARATSINH JAGATSINH - Respondent(s)
=========================================================
Appearance
:
MR
MANISH J PATEL for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/03/2010
ORAL
ORDER
Heard
learned advocate Mr. Patel appearing on behalf of petitioner.
In
present petition, ex-parte award passed by Labour Court, Himatnagar
in Reference No.3 of 2003 dated 30th
September 2009 is challenged by petitioner. This being an ex-parte
award. The petitioner is having alternative effective and statutory
remedy available under Rule 26A of Industrial Disputes (Gujarat)
Rules, 1966.
The
Labour Court is having a power to entertain such application to set
aside ex-parte award under Rule 26A and also have power to condone
delay as well as also have power to grant interim relief under Rule
26B. Therefore, petitioner is having effective alternative statutory
remedy to challenge ex-parte award, therefore, only on that ground,
present petition is not entertained by this Court and same is
disposed of without expressing any opinion on merits.
Therefore,
it is open for petitioner to challenge the same award before Labour
Court by filing appropriate application for challenging ex-parte
award.
In
view of above observations, present petition is disposed of.
[H.K.
RATHOD, J.]
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