LAWS(GJH)-2022-8-1234

LAHAR ASSOSIATES Vs. VIPULKUMAR RASIKLAL DESAI

Decided On August 29, 2022
Lahar Assosiates Appellant
V/S
Vipulkumar Rasiklal Desai Respondents

JUDGEMENT

(1.) Rule. Learned advocate appearing for the respondents waives service of rule on behalf of respective respondents.

(2.) This group of petitions are arising out of similar facts and are raising identical issues and hence, with the consent of parties, the petitions are taken up for joint hearing and disposal, wherein the facts would be recorded from lead matters being Special Civil Application No. 20291 of 2018 and a cross petition being Special Civil Application No. 15136 of 2019.

(3.) The petitioner before the Court is a labour contractor who was having a contract with the respondent No. 2 and had engaged respondent No. 1 under his contract. It is a case where the respondent No. 1 filed Reference L.C.N. No. 07 of 2002 before the Labour Court at Nadiad against the order of terminating the services of the respondent-workman and such reference came to be allowed by award dtd. 30/1/2018. Under the award, the Labour Court held that the respondent-workman was entitled to compensation of Rs.1,23,830.00 from the petitioner contractor. It also held that the respondent-workman was not entitled for any reinstatement and back-wages.