DAHYABHAI GAUJIBHAI CHAREL Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) Leave to amend the prayer clause.

(2.) The present writ petition has been filed challenging the order dated 29.05.2012 passed in Reference (LCD) Case No.911 of 1998 and the award dated 08.08.2018 passed by the Labour Court, Dahod, in Restoration Application No.15 of 2015.

(3.) Learned advocate Mr.P.C.Chaudhari appearing for the petitioner has submitted that the Labour Court, Dahod, vide order dated 29.05.2012 passed in Reference (LCD) Case No.911 of 1998 has dismissed the reference for the reason that the workman was unable to produce any evidence contrary to the written statement produced by the respondent-authority. It is further observed that despite various opportunities given to the workman, the workman did not remain present and had failed in leading the evidence and hence, the contents of the affidavit, which was produced by the respondent-authority are believed to be true since there was no resistance from the side of the workman. He has submitted that after the aforesaid award, the petitioner-workman filed miscellaneous application being Restoration Application No.15 of 2015 for restoring the reference and seeking the direction to here the matter on merits, however, by the impugned order dated 08.08.2018, the Labour Court has rejected this application.