LAWS(GJH)-2022-4-1018

HOTEL RAHI Vs. ROHIT JAGDISHBHAI K.

Decided On April 21, 2022
Hotel Rahi Appellant
V/S
Rohit Jagdishbhai K. Respondents

JUDGEMENT

(1.) All these petitions are filed under Articles 226 and 227 of the Constitution of India in which the petitioners have challenged the awards dtd. 25/5/2017 passed by the Presiding Officer, Labour Court, Vadodara in respective Reference Cases filed by the respondent workman of the respective petitions. As the issue involved in all these petitions is common, learned advocates for the parties jointly requested that all these petitions be heard together and be decided finally at admission stage.

(2.) Rule. Learned advocate Mr.Mankad waives service of notice of rule for respondent workman in each of the petition.

(3.) For the sake of convenience, the facts narrated in Special Civil Application No.21808 of 2017 are considered. It is the case of the petitioner that the respondent workman was working with the petitioner as waiter/room service man and in fact the respondent workman stopped coming to the petitioner hotel from 11/12/2010. Thereafter, the respondent through Union, approached the Labour Officer with certain grievance. It is submitted that dispute was raised which was referred to the Labour Court, Vadodara and registered as Reference Case No.118 of 2011. It is further submitted that the present petitioner produced documentary as well as oral evidence before the Labour Court and thereafter the Labour Court by way of impugned award dtd. 25/5/2017 directed the petitioner to reinstate the respondent workman with 30% back wages. The petitioner, therefore, filed the present petition.