BHIMANI KHADI GRAMODYOG SANGH Vs. JITENDRA MALSHI NINJAR

JUDGEMENT

(1.) ADMIT. Learned advocate Mr. Jeet Rajyaguru waives service of notice of admission on behalf of the respondent. Looking to the nature of controversy and since the dispute is going on from the year 2000, the main Letter Patent Appeals are taken up for hearing today.

(2.) These appeals emanate from the judgments and orders dtd. 30/9/2009 passed in Reference (LCB) No. 12 of 2000 and order dtd. 16/8/2010 passed in I.D. Miscellaneous Application No. 7 of 2009. In Special Civil Application No. 15174 of 2010 award dtd. 19/6/2017 passed in captioned writ petitions filed by the Union challenging the award dtd. 30/9/2009 passed in Reference Case (LCB) No. 10 of 2000 by the Labour Court, Bhuj and Kachchh and also the order dtd. 16/8/2010 passed in I.D. Miscellaneous Application No. 11 of 2009. Since the issue involved in the captioned writ petition and the judgement and order is analogous, the facts are incorporated from Letters Patent Appeal No. 33 of 2018.

(3.) The respondent - workmen raised an industrial dispute relation to their illegal termination from service. The said dispute culminated into reference proceedings being Reference (LCB) No. 10 of 2000 and Reference (LCB) No. 12 of 2000. The Labour Court allowed the reference proceedings and directed the appellant - Sangh to reinstate the workmen to their original post along with full back wages. The appellant - Sangh filed an application under Rule 26A of the Industrial Disputes Act (Gujarat Rules), 1966 seeking review as it was their case that it was an ex-parte award. However, it appears that the same was also rejected by the order dtd. 16/8/2010. Being aggrieved the appellant - Sangh filed the captioned writ petition, which was also rejected by the learned Single Judge. Hence, the present Letters Patent Appeals.