VERAVAL PATAN JOINT MUNICIPALITY Vs. HIRANAND KISHANCHAND KOTAK

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 05.09.1998 passed by the Labour Court, Junagadh in Reference [LCJ] No. 1656 of 1990, whereby the Labour Court has directed the petitioner to reinstate the respondent on his original post with full back wages.

(2.) The short facts of the case are that the respondent at the relevant time was working as Driver on daily wage basis with the petitioner. The services of the respondent came to and after 1988. Being aggrieved by the same, the respondent raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCJ] No. 1656 of 1990. Before the Labour Court, both the parties adduced evidence and after appreciating the material produced before it, the Labour Court allowed the reference with the aforesaid directions. Hence, this petition.

(3.) The learned counsel for the respondent has raised a preliminary contention that in view of the order dated 16.02.2000 passed by this Court and since there is non compliance of provisions of 17-B of the Industrial Disputes Act, the main matter cannot be heard. In support of his say, he has placed reliance on the decision of the Apex Court in the case of Workmen Reptd. By Hindustan V.O. Corporation Limited v. Hindustan Veg. Oils Corporation Limited reported in 2000 GLHEL SC 33777, wherein the Court has observed that an application u/s. 17-B should be disposed of before the principal petition and it should be disposed of most expeditiously.