MANAGER / OWNER Vs. KANUBHAI PARSOTTAMBHAI MAKWANA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner against an order dtd. 6/5/2017 in Reference (LCA) No.563 of 2014 by the Presiding Officer, Labour Court, Ahmedabad. By the aforesaid award, the Labour Court has directed reinstatement with continuity to the original post with back-wages to the extent of 60%. It has been the case of the petitioner that from beginning that the respondent on his own volition given up his services and is not attending despite several opportunities were given by the petitioner. The Court has recorded in order dtd. 21/6/2022 that the respondent-workman was ready and willing to resume the duty and that as such would resume duty w.e.f. 1/7/2022 by following necessary formalities.

(2.) Today, learned advocate appearing for the petitioner has placed on record a communication dtd. 5/7/2022, addressed by the respondent to the petitioner stating that the respondent is unable to remain present on 1/7/2022 on account of his ill-health. Alongwith the communication, he has placed two certificates dtd. 1/7/2022 and 4/7/2022 respectively of two different hospitals.

(3.) Today, learned advocate appearing for the respondent workman is also not present when the matter is taken up nor while matter was being conducted and concluded. Learned advocate appearing for the petitioner has appeared and hence, the Court is led to no option but to proceed with the matter with the assistance of learned advocate for the petitioner as it appears to the Court that the respondent No.1 is not interested in proceeding with the matter or resumed his services despite several opportunities were given to the respondent. Learned advocate appearing for the petitioner has drawn attention of this Court to the documents especially Exh.11, Ex.15 and Exh.