STATE OF GUJARAT Vs. VASJHRAM M PAGI

JUDGEMENT

(1.) This Special Civil Application filed by the State of Gujarat through the Secretary, Forest and Environment Department, and the Range Forest Officer, Forest Preservation (Forest Department), Lakhtar, Dist. Surendranagar is directed against the order at Annexure.B passed by the Labour Court, Rajkot, in Reference LCR No.1731/84, i.e. award dated 18th Aug.1986 and the order at Annexure.C passed by the Labour Court, Surendranagar on 13th Dec.1990 whereby the application moved in 1989 without any application for condonation of delay for setting aside the ex-parte award was rejected.

(2.) In this Special Civil Application, the notice was issued on 11th Sept.1991 and on that very day, ad-interim relief was also granted staying the operation of the award regarding backwages. On 25th Sept.1991, Rule was issued and the ad-interim order was continued. However, on 11th Oct.1991, the following order was passed:

(3.) An affidavit-in-reply dated 30th Sept.1991 has been filed by the Secretary of Jilla Shramjivi Sangh, Surendranagar wherein the order dt.8.2.91 passed by Division Bench of this Court in Special Civil Application No.483/91 has been referred and it is only thereafter that the present petition was filed on 9.9.91. The contents of this order dt.8.2.91 are reproduced as under:-