JARKANI FRUIT INDUSTRIES Vs. DEVBAHADUR SAKARBAHADUR

JUDGEMENT

(1.) By way of this petition, the petitioner has challenged the judgment and order 5.7.2003 of the Labour Court, Ahmedabad in Reference (LCA) No.530 of 1992 by which the Labour Court has granted reinstatement of the respondent with continuity of service.

(2.) Learned advocate Mr Dave for the petitioner has submitted that the respondent is already reinstated and continuity of service is also given since the respondent is not retrenched. The petitioner filed a purshis that the respondent was never terminated from services and the petitioner is ready and willing to allow the respondent to join duties, without prejudice to all rights and contentions. In the written statement filed at Annexure-C it has been stated that respondent was gainfully employed elsewhere and therefore, there is no question of granting backwages. Therefore, Mr Dave contended that the Labour Court has not given any cogent reasons for granting the backwages.

(3.) Learned advocate Mr Singh for the respondent has made an endeavour that the Reference is of the year 1992 and they have deliberately not appeared before the Court and, therefore, the proceedings went ex-parte. Thereafter, the petitioner appeared and the reference was restored but the petitioner has not filed reply after setting aside the ex-parte order. In this view of the matter the order passed by the Labour Court granting backwages from 18.1.1996, is just and proper. No interference is called for.