KANJIBHAI KALUBHAI GAMARA Vs. PRESIDENT

JUDGEMENT

(1.) Nobody has appeared on behalf of the respondent though Rule is served and therefore, with the consent of Mr.K N Shastri the matter is finally decided.

(2.) The petitioner has preferred this petition for challenging the legality and validity of the award dated 06/08/03 passed by the Presiding Officer of the Labour Court, Surendranagar in Reference (LCS) No.108/2001, whereby the Reference has been dismissed, on the ground that neither the petitioner nor the representative of the petitioner remained present.

(3.) It is the case of the petitioner that he was serving with the respondent - Municipality as a Clerk since 1988 and his services came to be terminated on 19/11/1994. The petitioner raised the dispute under the Industrial Disputes Act, 1947 and the said dispute, ultimately, came to be referred to the Labour Court, Surendranagar for adjudication being (LCS) No.46/1995. Mr.Shastri has stated that the said Reference case was dismissed for default at one point of time and thereafter, it was restored and after restoration, it was re-numbered as Reference (LCS) No.108/2001. The statement of claim was filed and the defence statement was also submitted by the respondent. Thereafter, as stated earlier, at one point of time, the Reference was dismissed for default and the said dismissal of the Reference was on account of the absence of the petitioner herein, who was the applicant before the Labour Court. Thereafter, Miscellaneous Application No.31/2000 was submitted by the petitioner and the Reference was restored. After restoration of the Reference, it appears that on number of occasions, adjournments were sought and the petitioner did not remain present and as a consequence thereof, on 06/08/03, the Labour Court dismissed the Reference. The said order of the Labour Court is under challenge before this Court by this petition.