MEDICAL OFFICER Vs. VALLABHBHAI ARJANBHAI MAKWANA

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 27/8/2018 passed by the Labour Court, Rajkot in Recovery Application No.114 of 2015, whereby the petitioner was directed to pay Rs.72,000.00 towards salary with interest @ 6% and cost of Rs.2,000.00 to the respondent - workman.

(2.) Learned advocate Mr.Munshaw for the petitioner authority has submitted that the respondent has never approached the petitioner authority for his grievance and there is a delay of seven years in filing the recovery application and therefore, the order passed by the Labour Court is erroneous. He has submitted that the Labour Court has erred in not properly appreciating the provisions of Sec. 33C(2) of the Industrial Disputes Act, 1947 considering the facts of the present case. He has submitted that this petition may be allowed.

(3.) Per contra, learned advocate Mr.Shah for the respondent has submitted that by filing an affidavit in reply, he has explained in detail all the facts that he has approached the authority and he has issued registered Post A.D. letter to the authority dtd. 24/11/2008 for compliance of the award passed by the Labour Court. He has also communicated that the Labour Court has allowed the application for restoration i.e. Misc. Civil Application No.23 of 2009 vide order dtd. 5/12/2012 on condition to pay the cost of Rs.10,000.00 to the respondent. However, the present petitioner has not paid that amount of the cost to the respondent and therefore, the case was not restored. He has further submitted that there is no delay of seven years on the part of the respondent workman since he has already approached the petitioner by writing a letter dtd. 25/11/2008 and sent through registered Post A.D. He has submitted that this petition may be rejected.