LAWS(GJH)-2023-3-782

UMAR FAROOQ GULMAMAD Vs. NAVYUG CONFESSIONARY COMPANY

Decided On March 13, 2023
Umar Farooq Gulmamad Appellant
V/S
Navyug Confessionary Company Respondents

JUDGEMENT

(1.) The present petition is filed by the petitioner with a prayer to direct respondent No.3 - District Development Officer, Jamnagar to initiate action against respondent No.2 and recover the amount of the dues as per recovery certificate issued by the Labour Court.

(2.) Heard learned advocate Mr.Jeet Y. Rajyaguru for the petitioner, Mr.Krutarth K. Pandya, learned advocate for respondent No.2 and Mr.H.S. Munshaw, learned advocate for respondent No.3 - District Panchayat, Jamnagar. Though served, none appears for respondent No.1.

(3.) The short facts of the petitioner are that though the Labour Court, Jamnagar has passed the award in Reference (LCJ) No.75 of 1998 against the employer i.e. Navyug Confessionary Company - respondent No.1 herein by holding that the action of the employer terminating the petitioner workman is illegal and thereby granted reinstatement. Since the said order is not complied with, the petitioner workman has filed Recovery Application No.41 of 2008 which was allowed vide order dtd. 17/11/2009, by which, the Labour Court has issued recovery certificate on 8/10/2010 for the amount of Rs.1,73,120.00 against the company and also directed the Collector, Jamnagar to recover the amount by following revenue procedure in accordance with law.