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District Leprosy Committee and Another vs Ranmal Raghabhai Garchar

Gujarat High Court · Decided on 12 August 2010 · Citation: (2010) 08 GUJ CK 0021

HON’BLE JUDGES
K. S. Jhaveri, J
RESULT
Allowed
CASE NUMBER
Special Civil Application No. 23797 of 2005
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Judgment

6 paragraphs · 348 words

K.S. Jhaveri, J.—Leave to correct the Prayer clause.

2.

This petition is directed against the judgemnt and award dated 29th August 2005 passed by Labour Court, Bhuj in Reference (LCG) No. 5 of 2001 whereby the Labour Court ordered the petitioner to reinstate the respondent in service with full back wages.

3.

According to the respondent workman, he was serving with the petitioner as driver and his services came to be terminated illegally and therefore he raised a dispute which was referred to Labour Court, Bhuj and numbered as Reference (LCG) No. 5 of 2001. Since the petitioner did not appear before the Court, an ex parte award came to be passed as stated hereinabove.

4.

Mr. Munshaw for the petitioner submitted that petitioner could not appear before the Labour Court as a result of which ex-parte award came to be passed. He submitted that the respondent was employed purely on contractual basis for a period of and ultimately as per the directions of the Central Government and subsequently by the State Government, all the appointees including the respondent were terminated.

5.

Having considered the learned Advocates for the respective parties and perused the relevant record, I am of the view that the appropriate course would be to remand the matter to the Labour Court for a fresh decision on merits after hearing both the sides, subject to the petitioner paying the costs to the respondent quantified at Rs. 12500/ -.

6.

The impugned judgemnt and award dated 29th August 2005 is, therefore, quashed and set aside and the case is remanded to the Labour Court for a fresh decision on merits. The petitioner shall deposit a sum of Rs. 12500/- before the Labour Court within a period of six weeks from today which shall be paid to the respondent by account payee cheque. It is clarified that the Labour Court shall take up the matter for hearing only after deposit of the amount as stated hereinabove. The Labour Court shall hear and dispose of the matter on or before 31st December 2010. Rule is made absolute accordingly.