LAWS(GJH)-2021-12-261

ANILKUMAR SHIVKUMAR SAHU Vs. MANAGER/DIRECTOR

Decided On December 24, 2021
Anilkumar Shivkumar Sahu Appellant
V/S
Manager/Director Respondents

JUDGEMENT

(1.) The present writ petition has been filed seeking setting aside the order dtd. 18/10/2019 passed in Industrial Dispute Miscellaneous Application No.21 of 2019 in Recovery Application No.67 of 2017 filed under the provisions of Sec. 33-C(2) of the I.D. Act. The Labour Court, Nadiad has rejected the aforesaid application on the ground that the same is filed after a period of six years.

(2.) A perusal of the order reveals that the petitioner had filed an application under Sec. 33-C(2) of the I.D. Act, for implementing and the executing award dtd. 24/11/2011 i.e. after a period of six years. The Labour Court has observed that after the aforesaid application was filed in the year 2017 and even after passage of two years, despite granting various adjournments, no documentary evidence was produced by the petitioners explaining delay.

(3.) The matter was thereafter kept on 1/2/2019 and 1/3/2019, however no one remained present on behalf of the petitioner and hence, the same was dismissed for default.