JUBILEE HOTEL Vs. RAMESHBHAI HAMIRBHAI RATHOD

JUDGEMENT

(1.) This court passed an order on 27.02.04 whereby notice was issued for final disposal and pursuant to the notice Mr.T.R.Mishra has appeared for respondent in SCA No.2561/04 and Mr.S.C.Patel has appeared for respondent in SCA No.2572/04. Since the facts are are common and interconnected both the petitions are disposed of by this common judgment.

(2.) Both these petitions are preferred by the petitioner challenging the exparte judgment and award passed by the labour court whereby the reinstatement have been ordered with backwages. The petitioner herein had preferred application for restoration and for setting aside of the exparte award which ultimately came to be dismissed as per order dated 2.8.03. Under the circumstances, the petitioner has approached this court.

(3.) When this court considered the matter on 27.2.04 the order was passed, as under: