STATE OF GUJARAT Vs. ANANTKUMAR RAMSHANKAR DAVE

JUDGEMENT

(1.) By way of present petition, the petitioner has prayed to quash and set aside the order passed in I.D. Misc. Application No. 15 of 2009 in Recovery Application No. 219 of 2003 with Reference Case No. 240 of 1993 with Recovery Application No. 133 of 2002 on 27.05.2009.

(2.) The case of the petitioner is that present respondent has filed reference before the Labour Court, Junagadh being Reference L.C.R. No. 240 of 1993 and prayed for issuance of the direction upon the present petitioner for reinstatement with full backwages. The same was allowed ex-parte on 22.07.1999 directing the petitioner to reinstate the respondent within 30 days. Against the award of the Labour Court, petitioner preferred Special Civil Application No. 1694 of 2000. This Court on 02.08.2006 has passed an order and also directed the petitioner to prefer an application under Section 26-A of Industrial Disputes Act. In the said order, it was also observed that the petitioner shall have to file such application within a period of one month from the date of receiving the copy of such order. The petitioner preferred an application under Section 26-A along with delay application. The same was rejected by the Labour Court. Hence, this petition.

(3.) On considering the facts and circumstances, it is found that this Court has passed order on 02.08.2006 in Special Civil Application No. 1694 of 2000 and order also directed the petitioner to prefer an application under Section 26-A of Industrial Disputes Act. In the said order, it was also observed that the petitioner shall have to file such application within a period of one month from the date of receiving the copy of such order. The petitioner preferred an application under Section 26-A along with delay application on 06.03.2009. It is also found that the delay in preferring the application was not properly explained before the Labour Court as a result of which, the same was rejected. Hence, the view taken by the Labour Court is just and proper. No interference is called for. The petition is dismissed. Rule is discharged with no order as costs.