LAWS(GJH)-2022-4-94

KRISHNA TEXTILE Vs. NARENDRAKUMAR RAMJIBHAI SOLANKY

Decided On April 20, 2022
Krishna Textile Appellant
V/S
Narendrakumar Ramjibhai Solanky Respondents

JUDGEMENT

(1.) This petition is directed against the order dtd. 30/12/2016 passed by the Presiding Officer, Labour Court, Ahmedabad passed in Misc. Civil Application No.78 of 2009 in Reference (LCA) No.591 of 2000.

(2.) Heard learned advocate Mr. Shailesh C. Sharma for the petitioner and learned advocate Mr. P. C. Chaudhari for the respondents.

(3.) Learned advocate for the petitioner submitted that the present respondents raised an industrial dispute which was referred to the Labour Court, Ahmedabad which was registered as Reference (LCA) No.591 of 2000. The respondents submitted statement of claim. However, the notices of the said proceedings were not served to the present petitioner and therefore petitioner did not appear before the Labour Court and therefore the Labour Court passed an ex-parte award dtd. 2/1/2009 by which the present petitioner is directed to reinstate the respondents with 50% back-wages. It is submitted that when petitioner came to know about the same, petitioner filed Misc. Civil Application No.78 of 2009 under Rule 26A of the Industrial Disputes (Gujarat) Rules, 1966 (hereinafter referred to as the 'Rules' for short) for quashing and setting aside the ex-parte award dtd. 2/1/2009 passed by the concerned Labour Court. Learned advocate submitted that the concerned Labour Court, vide impugned order dtd. 30/12/2016 rejected the said application and therefore present petition is filed.