SEVALIA CEMENT WORKS Vs. B B SIMARIA

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the judgment and award dated 25.11.1998 passed by the learned Presiding Officer, Labour Court, Nadiad in Recovery Application No.63 of 1996.

(2.) THE petition was admitted on 28.12.1998 and ad-interim relief was granted in terms of para-6(D) of the petition. Subsequent to the filing of the petition the petitioner Company went into liquidation and hence appearance of Ms. Amee Yajnik, learned advocate is filed on behalf of the Official Liquidator. However, the order of winding up is stayed by the Division Bench and hence Mr.G.M.Joshi, learned advocate, who is originally appearing for the petitioner is still continued as an advocate for the petitioner. THE petition is of 1998. More than 44 times the petition is fixed for hearing. Earlier also the petition was dismissed for default on 26.9.2007 and the same was restored on 23.7.2010 by an order passed by this Court in Misc. Civil Application No.782 of 2008.