ANIRUDDHSINH TEMUBHA Vs. EXECUTIVE ENGINEER AND ORS

JUDGEMENT

(1.) THIS petition is directed against order dated 29th March, 2014, passed by Labour Court, Surendranagar, whereby the Labour Court did not entertain the Recovery Application No. 46 of 2012 filed by the petitioner workman under section 33 -C(2) of the Industrial Disputes Act, 1947.

(2.) THE facts in the backdrop were that the petitioner who was working as a labourer, had in his favour judgment and award dated 2nd December, 2006, passed by the Labour Court, Surendranagar, in Reference (LCA) 218 of 2001. In the said award, the Labour Court held the dismissal of the petitioner effected on 21.10.85 to be bad for want of compliance of provisions of Industrial Disputes Act, 1947, and directed reinstatement of the petitioner without backwages.

(3.) IT appears that thereafter the petitioner filed Special Application No. 592 of 2012, wherein he prayed for grant of benefit under State Government Resolution dated 17.10.1988, in respect of the intervening period by treating his services continuous under the aforesaid judgment and award dated 2.12.2006. This court did not entertain the petition, however, permitted the petitioner to make a representation to ventilate his grievance. The representation dated 1.3.2012 was filed, but the authority did not decide or respond to it. The petitioner workman, therefore, filed Recovery Application, which culminated into the impugned order of the Labour Court.