SWASTIK TEXTILES ENGINEERS PRIVATE LIMITED Vs. DAULATRAM BABURAV

JUDGEMENT

(1.) The present Special Civil Application is filed by Swastik Textiles Engineers Private Limited, the petitioner, for quashing and setting aside the proceedings of Payment of Wages Application No.213 of 2000 filed by the respondents herein against the petitioner, which is pending before the Payment of Wages Authority, Ahmedabad. It is pointed out that the Payment of Wages Application No.213 of 2000 is filed by the persons whose names are mentioned in Schedule annexed to the said application. The application is produced at Annexure-D, which is at page 35 and the schedule to the application is produced at page 38 of the petition. The said schedule contains 11 names, namely, Daulatram Baburao, Naginbahi Dalsukhbhai, Mahendraprasad Bholaprasad, Narsinhbhai Ranchhodbhai, Dhanjibhai Ukabhai, Dhanjibhai Balubhai, Rameshbahi Arjanbhai, Mohd. Tahir Mohd. Ishaq, Boghabhai Tabhabhai, Hasmukhbhai S. Patel and Ibrahimbhai.

(2.) Mr A.K. Clerk, learned advocate for the petitioner submitted that these very respondents have had earlier, two rounds of litigations before the Labour Court and also before this Court. The services of these respondents were terminated by the petitioner-company by an order/notice dated 20.9.1980 wherein it is stated that on account of closure of second shift 33 workmen had to be terminated from services which included present 11 respondents. The said action of the petitioner-company was challenged by filing a complaint before the Industrial Tribunal being Complaint (IT) No.154 of 1980, 162 of 1980 and 172 of 1980. The said complaints were decided on merits on 27.11.1986. Being aggrieved of the said order dated 27.11.1986 present respondents filed Special Civil Application No.4604 of 1998 which came to be withdrawn.

(3.) The present respondents then filed Reference (LCA) No.1113 of 1990, which came to be decided by the Labour Court by an order dated 21.7.1998. Being aggrieved of that, the present respondents filed Special Civil Application No.10861 of 1998, which came to be decided by this Court (Coram: R.M. Doshit, J.) by an order dated 21.4.1999. The petition was dismissed in limine. Notice was discharged.