ASHOKBHAI NARANDAS BUNDELA Vs. GENERAL MANAGER

JUDGEMENT

(1.) BY way of filing this appeal, the appellant - -original petitioner has challenged the order dated 8th September 2011 passed by the learned Single Judge in Special Civil Application No. 3316 of 2011 whereby the learned Single Judge has dismissed the writ petition filed by the petitioner. The appellant, who was working as Battery Operator with Raipur Manufacturing Company Limited was terminated from service and therefore he preferred T Recovery Application No. 224 of 1997 before Labour Court, Ahmedabad. The Labour Court, Ahmedabad vide order dated 21st September 2001 granted the said application and ordered reinstatement of the appellant along with back wages. However, as Raipur Manufacturing Company Limited went into liquidation on 15.10.2001 the appellant preferred OJ Civil Application No. 34 of 2009 in Company Petition No. 114 of 2001 and has also filed Recovery Application No. 449 of 2007, which was allowed. It is the case of the appellant that the appellant was relegated to approach Industries Disputes Centre, Bachat Bhavan, but as the claim of the petitioner was declined, the petitioner filed the aforesaid writ petition.

(2.) IN the said writ petition, one Shri A.K. Chaphekar, Assistant Director, Regional Office of the Textile Commissioner, Ahmedabad, has filed reply affidavit wherein in paras 6, 7 and 8 the Textile Commissioner has observed as under: