SHOP MANAGER Vs. SAKILKHAN SHERKHAN PATHAN

JUDGEMENT

(1.) AS common question of law and facts arise in both these petitions and as such are arising out of the impugned common judgment and order passed by the Labour Court and are between the same parties, both these petitions are heard and disposed of by this common judgment and order.

(2.) THE respondent, who was serving with the petitioner was sought to be discharged and, therefore, he submitted an application before the Labour Court, being Industrial Disputes Complaint No. 119/2000 in which the Labour Court granted stay against the petitioner not to discharge the respondent from service. Despite the above, the petitioner did not pay the salary for the period between 15/09/2000 to 30/09/2000, bonus and salary for the month of November, 2000 and December, 2000. The respondent submitted two Recovery Applications, being Recovery Application No. 418/2001 and 419/2001, to recover Rs.27,324/ - and Rs.6920/ - respectively. Before the Labour Court, the respondent came to be examined and he deposed oral evidence at Exhs. 12 and 11 in respective Recovery Application Nos. 418/2001 and 419/2001. However, the petitioner did not challenge the oral evidence and the Labor Court considering the unchallenged oral evidence of the respondent, by the impugned common judgment and order has directed the petitioner to pay Rs.34,224/ - to the respondent.

(3.) BEING aggrieved and dissatisfied with the impugned common judgment and order passed by the Labour Court, Porbandar in Recovery Application Nos. 418/2001 and 419/2001, the petitioner has preferred the present Special Civil Applications under Article 227 of the Constitution of India.