STATE OF GUJARAT Vs. KANUBHAI K. KANDOLIYA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for setting aside the judgment and order dtd. 9/2/2017 passed by the Presiding Officer, Labour Court, Bhavnagar in Recovery Application No. 37 of 2011 filed by the respondent invoking Sec. 33(C) (2) of the Industrial Disputes Act, 1947 (herein after referred to as the "Act").

(2.) These two petitions are raising the same questions and are based on identical facts. Hence, at the request of learned advocates for both the sides, both the petitions are taken up for joint hearing and disposal while the facts are being recorded from lead petition being Special Civil Application No. 13624 of 2018.

(3.) Learned AGP drew attention of this Court to the order was passed on an application, which was directly filed by invoking Sec. 33(C) (2) of the Act without there being previous award pre-existing right.