ANUPAM INDUSTRIES Vs. KIRPALSINGH MANGALSINGH

JUDGEMENT

(1.) Rule. Mr. TR Mishra, ld. advocate, waives service of Rule. At the joint request of the ld. advocates appearing for the parties, the matter is taken up for final hearing.

(2.) The present petition is filed being aggrieved by the impugned order dated 14.12.1998, produced at Annexure 'E' and order dated 25.1.2002 at Annexure 'G'. The facts of the case are that the learned Judge of the Labour Court, Ahmedabad, by judgment and award dated 14.12.1998 was pleased to allow Reference (LCA) No. 418 of 1988. The learned Judge was pleased to record in the said judgment and award that though the establishment has filed a written statement against the statement of claim of the workmen, has thereafter not remained present before the Court, has not cross-examined the workmen. The establishment was given repeated opportunities to produce their oral evidence and defend the case but then the establishment has failed in doing so. After the said judgment and award was passed on 14.12.1998 the establishment filed an application being Misc. Application No. 254 of 1999 in Reference (LCA) No. 418/1998 for restoring the reference on file. The said application is dismissed by order dated 25th January 2002.

(3.) The learned advocate appearing for the petitioner-establishment pointed out the documents which are produced at Annexure 'A' - notice dated 18.9.1987, the letter dated 23rd September 1987 produced at Annexure 'B', and a Schedule of the amount paid on 23.9.1987 at Annexure 'C'. Taking all into consideration, this Court is of the considered opinion that the matter is required to be remanded to the Labour Court quashing and setting aside the judgment and award dated 14.12.1998 and the order dated 25th January 2002.