BHARAT POLABHAI BAMNIYAversusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- MAULIK SHELAT
Holding
The High Court granted permission to approach the Labour Court but disposed of the petition as withdrawn.
Summary
Bharat Polabhai Bamniya filed a special civil application seeking the court's permission to approach the appropriate Labour Court for an industrial dispute, without pursuing any other legal remedy. The petitioner, through counsel, expressly stated that he would not raise the dispute before the Labour Court or seek any alternative remedy. The court examined the procedural request and, without delving into the substantive merits of the dispute, granted the permission sought. It clarified that no assessment of the underlying facts or rights was made. Subsequently, the petitioner withdrew the petition, leading the court to discharge the rule and vacate any interim relief that had been granted. The matter was therefore disposed of as withdrawn with no order as to costs.
Issues considered
- Whether the petitioner requires the High Court's permission to approach the Labour Court for an industrial dispute.
- Whether the court can grant such permission without examining the merits of the underlying dispute.
Subjects
Judgment
C/SCA/12142/2016 ORDER DATED: 10/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12142 of 2016
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BHARAT POLABHAI BAMNIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MINESH D ERINPURIA(8512) for the Petitioner(s) No. 1
MR SHASHIKANT S GADE(1706) for the Petitioner(s) No. 1
MR SIDDHARTH RAMI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1,4,5
RULE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 10/02/2026
ORAL ORDER
1. Heard Mr. Shashikant S. Gade, learned Advocate for the
petitioner and Mr. Siddharth Rami, learned Assistant
Government Pleader for the respondent Nos.1, 4 and 5.
2. At the outset, Mr. Gade, learned Advocate for the petitioner,
under the instructions of his client, does not press the present
writ petition with liberty to approach the Labour Court
concerned by raising an industrial dispute or to avail any other
appropriate remedy available under law.
3. The permission as sought for is hereby granted.
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C/SCA/12142/2016 ORDER DATED: 10/02/2026
4. It is made clear that this Court has neither gone into nor
examined the merits of the matter.
5. In view of the aforesaid, the present petition stands disposed of
as withdrawn. Rule is discharged. No order as to costs.
Interim relief, if any, stands vacated forthwith.
(MAULIK J.SHELAT,J)
NILESH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 10/02/2026 17:36:14
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