CHOTILA GRAM PANCHAYAT Vs. HARSHADKUMAR B TRIVEDI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 21.09.1996 passed by the Labour Court in Reference No. 341 of 1992, whereby the Labour Court has passed the award in terms of settlement.

(2.) Though served, none appears for respondent no. 1. Looking to the facts of the case and in view of the averments made in the application, I am of the opinion that the matter requires consideration and the same is required to be remanded to the Labour Court.

(3.) In view of the above, the petition is allowed. The impugned award dated 21.01.1996 passed by the Labour Court is quashed and set aside. The matter is remanded to the Labour Court for fresh consideration. The Labour Court will issue notice to respondent no. 1 and on receipt of such notice, both the parties will approach the Labour Court within a period of three months from today. On their remaining present before the Labour Court, the Labour Court will fix the date of hearing and on the date so fixed, it shall proceed with the hearing of the matter and after giving due opportunity of hearing to both the sides to present its case and after considering all the relevant, the Labour Court will render its decision as expeditiously as possible. It is however, observed that while deciding the matter afresh, the Labour Court shall not be influenced by the fact that this Court has quashed its earlier order and shall decide the same on merits, in accordance with law. This Court has not entered into the merits of the case and has remanded the matter only on account of the fact that the award was passed on the basis of settlement purshis.