1. Rule returnable forthwith. Learned senior advocate
Mr.K.M.Patel with learned advocate Mr.Dilip Rana
waives service of Rule on behalf of respondent No.2 and
2. Present petition is filed under Article 226 of the
Constitution of India thereby challenging the order
NEUTRAL CITATION
C/SCA/19858/2023 JUDGMENT DATED: 23/06/2025
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passed by the learned Tribunal at Vadodara dated
15.09.2023 passed below Exh.33 in Reference (I.T.)
No.42 of 2018 challenging the application filed for
amendment of statement of claim. This petition was
dismissed by this Court vide order dated 05.08.2024,
however, while dismissing the petition, the observation
was made that it is open for the petitioner to take all the
contention before the learned Tribunal at the time of
arguments and the learned Industrial Tribunal shall
consider the same in accordance with law and the
observation made by the learned Tribunal will not come
in the way of petitioner at the time of arguments.
Challenging the said order dated 24.09.2024, in intra
court appeal filed by both the parties, this Court has
remanded the matter back to this Court by allowing the
appeal being Letters Patent Appeal No.1374 of 2024 and
No.1340 of 2024 directing the learned Single Judge to
decide the matter afresh and the petition is heard
thereafter, by this Court at length.