RAMESH MAYABHAI CHAVDAversusPASCHIM GUJARAT VIJ COMANY LTD.
- Disposal
- 31-NOTICE DISCHARGED @ ADM.STAGE
- Bench
- MAULIK SHELAT
Holding
The petition is disposed of as not pressed, with liberty granted to the petitioner to approach the Labour Court, without any merits being examined.
Summary
The petitioner, Ramesh Mayabhai Chavda, filed a Special Civil Application in 2019 challenging his termination dated 06-06-1998 by Paschim Gujarat Vij Company Ltd. The petitioner, through counsel, later decided not to pursue the petition and sought liberty to approach the appropriate Labour Court for relief. The respondent argued that the petition was filed after an inordinate delay, rendering it untenable. The Court accepted a written communication from the petitioner authorising the withdrawal of the petition and recorded it on the file. Consequently, the Court disposed of the petition as not pressed, while preserving the parties' rights to approach the Labour Court, without examining the merits of the dispute.
Issues considered
- What is the appropriate procedural course when a petitioner elects not to press a Special Civil Application?
- Does the Court have jurisdiction to dismiss the petition without merits due to the petitioner's withdrawal and alleged delay?
Subjects
Judgment
C/SCA/17662/2019 ORDER DATED: 07/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17662 of 2019
=============================================
RAMESH MAYABHAI CHAVDA
Versus
PASCHIM GUJARAT VIJ COMANY LTD. & ANR.
=============================================
Appearance:
MR KETAN D SHAH(1356) for the Petitioner(s) No. 1
MR DIPAK R DAVE(1232) for the Respondent(s) No. 1
=============================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 07/04/2026
ORAL ORDER
1. Heard Mr.Ketan Shah, learned advocate for the
petitioner and Mr.Dipak Dave, learned advocate for the
respondents.
2. After arguing for some time, Mr.Shah, learned advocate
for the petitioner, under the instructions of his client, does not
press the present petition with liberty to approach the Labour
Court concerned seeking reliefs as prayed in this petition.
3. Per contra, Mr.Dave, learned advocate for the
respondents would only submit that the petitioner is
challenging his termination dated 06.06.1998 by way of this
petition in the year 2019 and there is gross delay in such
challenge.
4. At this stage, Mr.Shah, learned advocate for the
petitioner requests this Court to take on record the written
communication dated 01.04.2026 issued by the petitioner
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C/SCA/17662/2019 ORDER DATED: 07/04/2026
whereby authorizing Mr.Shah, learned advocate to not press
this petition with aforesaid liberty. The aforesaid
communication is taken on record.
5. Having considered the submissions and the request
made by the petitioner, the present petition is disposed of, as
not pressed by reserving liberty to the petitioner to approach
the Labour Court concerned, in accordance with law. At the
same time, all rights and contentions of both sides are hereby
kept open as this Court has neither gone into nor examined
the merits of the matter.
6. In light of the aforesaid, the present petition is disposed
of, as not pressed. Notice is discharged.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 07/04/2026 16:18:08
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