INDUSTRIAL JEWELS PVT LTD. Vs. HARUN RAHIMBHAI

JUDGEMENT

(1.) BY way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed for quashing and setting aside the 30 th July, 2002 passed by the Labour Court, Bhavnagar in Recovery Application No.298 of 1987, whereby the Labour Court partly allowed the application and directing the petitioner and others to pay an amount of Rs.16,968/- to the respondent No.1 herein.

(2.) HEARD Mr.K.M. Patel, learned Senior Advocate appearing with Mr.Varun K. Patel, learned advocate appearing for the petitioner. It is brought to the notice of this Court that a cognate petition being Special Civil Application No.3561 of 2011 has been disposed of by this Court by order dated 02nd August, 2011. The said order passed by this Court has been made available for our perusal which reads as under :

(3.) FOR the foregoing reasons, no further adjudication is necessary and following the above quoted decision of this Court dated 02nd August, 2011 rendered in Special Civil Application No.3561 of 2011, the present petition is allowed. The impugned judgment and order is hereby quashed and set aside. It is, however, clarified that no recovery shall be made from the respondent No.1. Further, non- recovery shall not be treated as precedent. Rule is made absolute to the aforesaid extent. There shall be, however, no order as to costs.