MOHMED JUMERATI TOLAKMIYA Vs. ANJANI TEXTILES

JUDGEMENT

(1.) Heard the learned counsel for the appellant. The appellant being aggrieved by order dated 13.07.2004 passed in Special Civil Application No.8241 of 2004 by the learned Single Judge confirming the findings and award made by the learned Labour Judge in Recovery Application No.2418 of 1994 disposed of on 09.12.2003 rejecting the application is before this Court.

(2.) The appellant went to the Labour Court with an application under section 33-C(2) of the Industrial Disputes Act, 1947 with a submission that in view of the relationship of employer and employee he was entitled to certain amounts in his favour. The matter was taken up ex parte and an award was made in favour of he appellant. As the said award/ order could not be executed the present appellant came to the High Court and the High Court issued certain directions in the matter. Thereafter, the employer filed a Letters Patent Appeal, the Letters Patent Appeal was allowed and the matter was remitted to the learned Labour Court for deciding the issue after giving an opportunity of hearing to the parties.

(3.) After the remand the learned Labour Court granted proper opportunity to the parties and after hearing them recorded findings that the petitioner failed to prove relationship of employer and employee and also failed to prove that there existed some rights in his favour or he wanted execution of pre-existing rights.