HITENDRA VRAJLAL ASHARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a Labour Judge, allowed employer's application being Misc. Application No.37 of 1997 wherein prayer was to set aside order passed in Reference (LCB) Case No.490 of 1990. In the opinion of employer / applicant, Labour Court had passed 'ex-parte' order in Reference (LCB) Case No.490 of 1990 in favour of workman. Earlier, the predecessor of the petitioner has rejected the employer's application seeking the same relief i.e. Misc. Application No.92 of 1993. Allowing the employer's 2nd application i.e. Misc. Application No.37 of 1997 by the present petitioner has led the workman to file the complaint against the petitioner. The complaint, in the end, culminated into dismissal of the petitioner. Hence, the present petition.

(2.) Following chronology of event would help us to appreciate the case of parties properly :

(3.) The findings of Inquiry Officer are as under :