EXECUTIVE ENGINEER Vs. DANABHAI KALABHAI

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed to quash and set aside the judgment and award dated 13th April, 2012, passed by the Labour Court, Surendranagar, in I.D. Miscellaneous Application No.4 of 2011, whereby the Labour Court rejected the application made by the petitioner under Section 26-A of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act').

(2.) THE facts in brief are that the respondent-workman had raised an industrial dispute on the ground that the petitioner had terminated his services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference (LCS) No.184 of 2000 and it was decided by way of an ex- parte judgment and award dated 29 th March, 2007. Being aggrieved by the same, the petitioner herein preferred Special Civil Application No.1607 to 1610 of 2009 against the respondent and other such workman, which ultimately came to be disposed of vide order dated 24th February, 2009 with liberty to make an application under Section 26-A of the Act before the Labour Court and directing the Labour Court to decide the Miscellaneous Application in accordance with law. Thereafter, the petitioner preferred an application under Section 26-A of the Act against the respondent for setting aside the ex-parte judgment and award, which ultimately came to be rejected vide impugned judgment and order. Being aggrieved by the same, the present petition has been preferred.

(3.) IN view of aforesaid, the view taken by the Labour Court is just and proper. The Labour Court has assigned cogent and convincing reasons for arriving at the conclusion. I do not find any illegality much less any perversity in the findings recorded by the Labour Court. No case is made out to interfere with the findings recorded by the Labour Court. Hence, present petition deserves to be dismissed.