STEELAGE INDUSTRIES LIMITED Vs. DILIP RAJARAM WAGH

JUDGEMENT

(1.) The petitioner has challenged the judgement and order dated 27th August 2003 passed in Misc. Restoration Application No.18 of 1998 passed by Labour Court, Godhra in Reference (LCG) No.274 of 1991 whereby the order dated 24.12.1991 came to be set aside.

(2.) The respondent herein was working as a Draftsman in the petitioner company. Since the conduct of the respondent was not good, the petitioner company issued various show cause notices and ultimately he came to be dismissed from service. The respondent raised a dispute which culminated into Reference (LCG) No.274 of 1991 before Labour Court, Godhra. Since the respondent did not remain present before the Labour Court the Reference came to be dismissed for default. A Restoration application being MCA No.12/1992 came to be filed, but the same was dismissed. However, the respondent filed second restoration application which came to be allowed and the matter is restored to file to hear on merits. Hence the present petition is filed.

(3.) Heard the learned Advocates for the respective parties. As a result of hearing and perusal of the record I am of the view that the Labour Court has assigned cogent and convincing reasons for restoring the matter to file as the original application was dismissed for default and was not heard on merits. By restoring the matter at the most it can happen is to hear the matter on merits where the petitioner can contest the same. It will also be open to the petitioner to raise a contention that in view of the default of the respondent and the dismissal of the reference, the respondent will not be entitled to continuity of service and back wages. I am therefore of the view that it will not be in the interest of justice to interfere in the present petition. Subject to the above observation this petition is dismissed. Rule is discharged with no order as to costs.