LAWS(GJH)-2023-3-727

PERI ENGINEERING & ELECTRICALSLTD Vs. RAMNATH JOGINATH

Decided On March 02, 2023
Peri Engineering And Electricalsltd Appellant
V/S
Ramnath Joginath Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant under Clause 15 of the Letters Patent against the oral order dtd. 22/3/1999 passed by the learned Single Judge in Special Civil Application No.10582/1998.

(2.) Heard learned advocate, Mr. Dipak Dave for the appellant.

(3.) Learned advocate for the appellant submitted that the respondent - workman left the job without permission of his superior officer on 5/11/1992, therefore on 6/11/1992, a show cause notice was issued to the respondent - workman, thereafter, the respondent - workman had raised industrial dispute on 9/11/1992 before the Conciliation Officer by filing complaint and the dispute was referred to the Labour Court, where the respondent filed statement of claim, to which, the appellant - Employer filed written statement. It is submitted that before the Labour Court, the parties examined the witnesses and produced documentary evidence and ultimately, the concerned Labour Court, vide award dtd. 11/7/1998, allowed the Reference of the respondent - workman and thereby direction was given to the appellant to reinstate the respondent - workman with continuity of service and to pay salary and all consequential benefits for the period between 6/11/1992 to 24/3/1998. It is submitted that the appellant, therefore, challenged the said award by filing writ petition before the learned Single Judge, who vide oral order dtd. 22/3/1999 dismissed the said writ petition. The appellant has, therefore, filed present appeal.