MANAGING DIRECTOR Vs. VANMALIBHAI VAJUBHAI BAROLIYA

JUDGEMENT

(1.) Rule. Mr. Vasavada, learned advocate waives service of rule on behalf of the respondent. With the consent of learned advocates appearing for the parties, this matter is taken up for final disposal.

(2.) Short facts of the case are that: The respondent preferred Recovery Application being Recovery Application No. 96 of 2000 before the Labour Court for recovery of the amount of Rs.1,72,098/_ with interest at 18%. The petitioner herein was given opportunity, and it is the case of the petitioner that an advocate was engaged by the petitioner in the said matter, but the advocate of the petitioner did not remain present, and as a result thereof, the matter proceeded exparte, and ultimately an was order passed by the Labour Court on 21.08.2003 whereby the petitioner is ordered to pay an amount of Rs.1,08,446/_ with interest at 12% to the respondent. The petitioner preferred Misc. Application, being No. 13 of 2003 for restoration and for setting aside of the exparte order. The Labour Court passed an order on 9.2.2004 whereby the restoration application of the petitioner has been dismissed, and hence this petition.

(3.) I have heard Mr. Thakkar for the petitioner and Mr. Vasavada for the respondent.