KALICHARAN RAGHURAJ Vs. STATE OF GUJARAT & ORS

JUDGEMENT

(1.) Heard Mr. Upadyay, learned advocate for the petitioner, Mr. Shukla, learned advocate for the respondent No.4, Mr. Nagarkar, learned advocate for the respondent No.1, and Mr. Barot, learned AGP, for the respondent No.3.

(2.) In present petition, the petitioner has prayed, inter alia, that:-

(3.) The facts leading to prefer present petition are that, the petitioner herein was employed by a company named, M/s. Sarangpur Cotton Manufacturing Company Limited. His service came to be terminated. Feeling aggrieved by the order of terminating his service, the petitioner herein filed application before the learned Labour Court by invoking provisions under Sections 78 read with 79 of the Bombay Industrial Relation Act, 1946. The said application was registered as T Application No.60 of 1981. It appears that the two opponents (i.e. opponent Nos.1 and 2 of the said T Application No.60 of 1981, i.e. the company and its directors) did not attend the proceedings despite notice by the Court. After granting opportunity of hearing to the opponents, the learned Labour Court proceeded to decide the said T Application No.60 of 1981 in absence of the two opponents who did not enter appearance and did not defend / oppose the application. The learned Labour Court, then, heard the applicant, considered the evidence on record and passed final order dated 3.10.1992 in T Application No.60 of 1981 and declined to grant the relief of reinstatement but directed the opponents to pay to the applicant, i.e. present petitioner the wages at the rate of Rs.850/- for the period from 10.12.1981 to 30.4.1984.