GADHDA MUNICIPALITY Vs. NAGARPALIKA KARMACHARI SANGH

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the judgment and award dated 08.07.2003 passed by the Labour Court, Bhavnagar in Reference (LCB-D) No.1/2000.

(2.) Shri Deepak Raval, learned advocate appearing on behalf of the respondent has stated at the Bar, under instructions from his client, that he has no objection if the impugned judgment and award is quashed and set aside and the matter is remanded to the Labour Court for deciding the same afresh in accordance with law and on merits and reserving liberty in favour of respective parties to lead the evidence afresh. Even otherwise, considering the decision of the learned Single Judge rendered in Special Civil Application No.5758/2004, the matter is to be remanded to the Labour Court to decide the same afresh in light of the ratio laid down by the Full Bench of this Court in the case of Amreli Municipality v. G.P.M.E. Union reported in 2004(3) GLR 1841.

(3.) In view of the above broad consensus between the respective parties and even considering the decision of the learned Single Judge rendered in Special Civil Application No.5758/2004, the present petition is allowed in part. The impugned judgment and award passed by the Labour Court, Bhavnagar dated 08.07.2003 passed in Reference (LCB-D) No.1/2000, is hereby quashed and set aside and the matter is remanded to the Labour Court, Bhavnagar for considering the same afresh, accordance with law and on merits and with a liberty in favour of the respective parties to lead evidence afresh and the Labour Court to consider the same in accordance with law and on merits and in light of the decision of the Full Bench in the case of Amreli Municipality (Supra). Considering the fact that the main dispute is pending since 2000, the proceedings before the Labour Court are ordered to be expedited. Rule is made absolute to the aforesaid extent. No costs.