STATE OF GUJARAT Vs. HAMIRBHAI TABHABHAI

JUDGEMENT

(1.) Rule. Mr.M.V. Patel, learned advocate for the respondent waives service of the rule.

(2.) The present petition is filed by the State of Gujarat through the deputy Executive Engineer, Roads & Buildings Department, Sub Division, Surendranagar, challenging the award passed by the Labour Court, Surendranagar in Reference (LCS) No.65 of 1991 dated 14.7.2000.

(3.) Mr.R.V. Desai, learned Assistant Govt. Pleader submitted that this award is required to be quashed and set aside on the short ground that the award is passed in a reference which was originally made in the year 1986, and was dismissed for not producing the statement of claim on 9.12.1987. Thereafter Misc. Application No.16 of 1989 was filed on which an order was passed to take the reference on Board and then the respondent workman filed his statement of claim on 23.8.1991. Mr.Desai, learned AGP also pointed out that the case of the respondent workman is that his services were terminated on 1.11.1984 for which a reference was made in the year 1986 and in view of the circumstances narrated hereinabove it was only on 23.8.1991 that the respondent workman filed his statement of claim.