BADAMIBEN DILIPSINH Vs. TORRENT POWER AEC CO LTD

JUDGEMENT

(1.) The petitioner has prayed to quash and set aside the order dated 15th February 2007 passed by Industrial Court, Ahmedabad in Appeal (IC) No.25 of 2006 whereby the Industrial Court has allowed the appeal and set aide the order passed by Labour Court, Ahmedabad in Misc. Application No.128 of 2005 dated 24th February 2006 restoring the BIR Application No.315 of 1998.

(2.) The case of the petitioner is that the petitioner was appointed in the respondent no.2 company for maintaining garden, removal of garbage, etc. work. His services were orally terminated and therefore the petitioner filed BIR Application No.315 of 1998 before the Labour Court seeking reinstatement and back wages. The said application came to be dismissed by order dated 29th August 2003 on account of non-presence of the petitioner. Though the said order was passed in the year 2003 the petitioner came to know about the said order in the year 2005. Therefore an application was moved for restoration which came to be allowed and the original application was restored to file. Against the said orders the respondent filed appeal (IC) No.25 of 2006. The said appeal was allowed by quashing and setting aside the order dated 24th February 2006 passed by learned Judge in Misc. Appeal No.128 of 2005 on 24th February 2006 restoring the BIR Application No.315 of 1998. Hence the present petition has been filed.

(3.) Heard the learned Advocates for the respective parties at length and perused the documents on record. It would be beneficial to quote the following paragraphs in the order impugned in the present petition: