Koylana Gram Panchayat vs Kalubha Madhubha Raijada

K.S. Jhaveri, J.—The demand draft of Rs. 5000/- will be tendered on behalf of the petitioner to the Registry and the Registry shall issue a cheque in the said sum to the respondent workman.

The petitioner herein has challenged the judgment and order dated 15th October 2008 passed by Labour Court, Junagadh below Exh.14 in I.D. Misc. Application No. 5 of 2007 rejecting the application of the petitioner for condonation of delay.

The respondent herein was serving with the petitioner Panchayat. According to the petitioner the respondent resigned from service and later on raised a dispute which was recorded as Reference (LCJ) No. 193 of 1998 before Labour Court, Junagadh. The petitioner did not appear before the Labour Court, as a result of which ex-parte award came to be passed whereby the petitioner was directed to reinstate the respondent in service with 50% back wages. The restoration application came to be rejected on the ground of delay.

Learned Advocate for the petitioner submitted that the petitioner has a meritorious case as the respondent himself voluntarily resigned from service on medical grounds and thereafter he filed the aforesaid reference and unfortunately the petitioner could not defend the same and therefore the impugned award came to be passed.

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/ -.

The impugned order dated 15th October 2008 is quashed and set aside. Misc. Civil Application No. 5 of 2007 is allowed. 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.