GOSAI PRAVINGIRI DHARMGIRIversusTHE DIRECTOR, ASHOK ORGANIC INDUSTRIES LTD.

     C/SCA/3009/2026                              JUDGMENT DATED: 06/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 3009 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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            Approved for Reporting               Yes          No

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                   GOSAI PRAVINGIRI DHARMGIRI
                              Versus
        THE DIRECTOR, ASHOK ORGANIC INDUSTRIES LTD. & ANR.
=============================================================
Appearance:
MR PRANAV K TRIVEDI(9735) for the Petitioner(s) No. 1
=============================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                             Date : 06/03/2026

                               JUDGMENT


1.      RULE. The present petition is taken up for             nal hearing
today.


2.      Present petition is led by the petition under Articles 226
and 227 of the Constitution of India read with the provisions of
The Industrial Disputes Act, 1947 seeking following reliefs:

        “A. YOUR LORDSHIP may be pleased to admit and allow the
        present petition;

        B. YOUR LORDSHIP may be pleased to issue a writ of certiorari
        or a writ in the nature of certiorari or any other appropriate
        writ, order or direction for quashing and setting aside the order
        dated 24-04-2025 passed below Exhibit -21 in Recovery (C-2)


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     C/SCA/3009/2026                            JUDGMENT DATED: 06/03/2026




        Application No. 27 of 2019 by the Learned Labour Court,
        Vadodara;

        In the alternative,

        C. YOUR LORDSHIP may be pleased to remand back the
        proceedings to the Learned Labour Court, Vadodara, with a
        direction to adjudicate the application afresh on merits and in
        accordance with law, without being in9uenced by the question
        of delay;

        D. Such other and further relief or relieves as may be deem :t,
        just and proper, in the facts and circumstances of the case;”


3.      Brief facts giving rise to the present petition are that, the
petitioner was appointed as a Chemist on 18.05.1981 with
respondent No.1 at Vadodara. That, the petitioner was promoted
to the post of Plant In-charge w.e.f. 01.06.1994 and thereafter,
w.e.f. 01.07.1999, the petitioner was further promoted as Senior
O6cer (MCA Plant). That, on 06.11.2000 the petitioner was
transferred by respondent No.1 to Ashok Alco-Chem Ltd., Mahad
(Maharashtra) with continuity of service. That, despite subsisting
employer-employee relationship, the respondents failed to pay
lawful wages and dues to the petitioner. That, on 06.05.2011
name of respondent No.1 changed from Ashok Organic Industries
Ltd. to Kumaka Industries Ltd. That, since respondent No. 1 failed
to pay the lawful dues, the petitioner            led Recovery (C-2)
Application No. 27 of 2019 under Section 33-C(2) of the Industrial
Disputes Act before the Labour Court, Vadodara seeking
computation and recovery of monetary bene ts whereby, the
Labour Court vide order dated 24.04.2025 rejected the
application on the ground of considerable delay.


4.      Being aggrieved and dissatis ed with the impugned order

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     C/SCA/3009/2026                        JUDGMENT DATED: 06/03/2026




dated 24.04.2025 passed by the Labour Court, the petitioner has
preferred the present petition.


5.      Heard Mr. Pranav Trivedi, learned counsel for the
petitioner. Perused the materials available on record.


6.      Learned counsel Mr. Trivedi has submitted that the
impugned order passed by the Labour Court is illegal, unjust,
arbitrary, erroneous and contrary to the facts and material on
record and the provisions of the Act and therefore, is required to
be quashed and set aside. He has submitted that the Labour
Court has not dealt with the documentary evidence relied upon
by the petitioner and rejected the application entirely on the
ground of delay and thus, ignoring the settled legal proposition
that no period of limitation is prescribed for applications under
section 33-C(2) of the Act. He has submitted that the Labour
Court did not consider the fact that the proceedings under
section 33-C(2) of the Industrial Disputes Act are in the nature of
computation of an existing right, and not adjudication of a fresh
dispute. He has submitted that the Labour Court has relied upon
the false submissions made by the respondent No.1 that,
respondent No.1 establishment was closed in the year 2001
however, the establishment was in existence till the year 2010.
Over and above the grounds agitated in the memo of petition,
learned counsel Mr. Trivedi has urged that the impugned order
passed by the Labour Court is required to be quashed and set
aside and the present petition is required to be allowed.


7.        I have heard the learned advocate appearing for the
petitioner and perused the material placed on record. I have also

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      C/SCA/3009/2026                         JUDGMENT DATED: 06/03/2026




considered the impugned order passed by the Labour Court. It
appears from the record that the petitioner was employed with
the respondent No.1 from 18.05.1981 and subsequently he was
promoted to the post of Plant In-charge in June, 1994 and then as
Senior O6cer (MCA Plant) in July, 1999. The petitioner was
transferred to Ashok Alco-Chem Ltd. in Mahad, Maharashtra with
continuity of service. It appears that despite subsisting
employer-employee relationship, the respondents failed to pay
lawful wages and dues to the petitioner. Consequently, the
petitioner led Recovery (C-2) Application No. 27 of 2019 before
Labour Court, Vadodara which came to be rejected on the
ground of delay of 19 years in preferring the application.


7.1      At this juncture it would be appropriate to refer to the
decision of the Hon'ble Supreme Court in case of Prabhakar vs.
Joint       Director    Sericulture    Department     and       another
reported in (2015) 15 SCC 1 wherein the Hon’ble Supreme
Court has discussed with regard to the existence of the industrial
dispute for a long period and such a long period without any
explanation cannot be considered by the Court. In the said
decision, the Hon'ble Supreme Court has considered the fact that
even otherside has taken defence with regard to the delay in
approaching the Labour Court, the Labour Court ought to have
considered the aspect of delay though the delay was not
properly explained under the provisions the Limitation Act is not
applicable. Even this Court has decided the petition being
Special Civil Application No.3643 of 2019 and dismissed the
same where the delay of six years has been caused in preferring
the award and/or petition. Considering the decision of the
Hon'ble Supreme Court in the case of Prabhakar (supra) and

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      C/SCA/3009/2026                                                  JUDGMENT DATED: 06/03/2026




the order of this Court rendered in Special Civil Application
No.3643 of 2019, no case is made out to entertain the present
petition.


7.2      On the basis of the material produced before this Court and
on perusal of the impugned order, and considering the fact that
the application itself is led by the petitioner after gross delay of
19 years and in view of the reported decision of the Hon’ble
Apex Court as well as of this Court as above, I am of the opinion
that the present petition deserves to be dismissed.


8.       In the result, the present petition is hereby dismissed. Rule
is discharged.



                                                              (HEMANT M. PRACHCHHAK,J)
ANUSRI


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 10/03/2026 17:06:35




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