BHAVIN JAGDISHBHAI PATEL Vs. DHARMESHBHAI KANJIBHAI VASAVA

JUDGEMENT

(1.) All these petitions arise out of the original awards passed by the Labour Court in the respective petitions dtd. 7/7/2018 by which the petitioner who was the respondent no. 5 Contractor has been directed to pay Rs.25,000.00 as lumpsum compensation in lieu of reinstatement and backwages and all consequential benefits. Also under challenge is the order dtd. 3/12/2018 by which the restoration application filed by the petitioners have been allowed with costs of Rs.10,000.00.

(2.) Perusal of the order filed in the respective restoration applications would indicate that considering Rule 26A of the Industrial Disputes (Gujarat( Rules, the Labour Court has found that the petitioner was not served with the notices and therefore the petitioner who was the respondent no. 5 - Contractor in the original proceedings could not be represented.

(3.) Having heard learned advocates for the respective parties, this court is of the view that considering the fact that the petitioner was not served with the notices, the matter is required to be remanded to the Labour Court for fresh consideration.