INDIAN DYESTUFF INDUSTRIES LIMITED Vs. MAHESHCHANDRA KANAIYALAL SHAH

JUDGEMENT

(1.) The present application is filed by Indian Dyestuff Industries Limited challenging the judgement and award dated 14/2/2000 of the Industrial Tribunal, Vadodara, in Misc. Application (IT) No. 8/1999, a copy of which is produced at Annexure-D, and also, the judgement and award dated 8/4/1999 of the Industrial Tribunal, Vadodara in Approval Application (IT) No. 173/1997, which is produced at Annexure-C.

(2.) The petition was filed on 19th July, 2000 and the Court issued Rule and notice as to interim relief on 7th August, 2000. The Court was also pleased to grant stay of the impugned awards till the returnable date, that is, after six weeks. The said ad interim relief continued till 21st November, 2000, when this Court made ad interim relief as interim relief and ordered the matter to be placed for final hearing. No appearance is caused by the respondent-workman so far before this Court.

(3.) Mr. K. M. Patel, learned Advocate appearing for the petitioner, invited the attention of the Court to the contents of the Annexure-B, which is the show cause notice dated 28th January, 1997, wherein the details are set out about the conduct of the respondent-workman, who is shown to have remained absent on number of occasions in the year 1989, 1993, 1994, 1995 and 1996. It is the case of the petitioner that after the said show cause notice a charge-sheet was served and thereafter, dismissal order came to be passed on 29th September, 1997. As the proceedings of Reference (IT) No. 136/1988 were pending, the petitioner filed the present Approval Application (IT) No. 173/1997, which came to be dismissed by an order dated 8th April, 1999 on account of default on the part of the petitioner and in absence of the witnesses and evidence.