GUJARAT ENERGY TRANSMISSION CORPORATION LTD. GETCOversusCHANDRAKANT KESHUBHAI PARMAR

     C/SCA/9949/2024                              JUDGMENT DATED: 16/01/2026




             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


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     C/SCA/9949/2024                                JUDGMENT DATED: 16/01/2026




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.



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     C/SCA/9949/2024                            JUDGMENT DATED: 16/01/2026




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 2 nd 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


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      C/SCA/9949/2024                          JUDGMENT DATED: 16/01/2026




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.


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        C/SCA/9949/2024                                                       JUDGMENT DATED: 16/01/2026




(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




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 19/01/2026 16:57:19


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