MUKESH M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned AGP Shri Shivang Shukla appears for respondent no. 1 and learned advocate Shri N.D. Songara appearing for learned advocate Shri Prabhakar Upadhyay appears for respondent no. 2. At the request of the learned advocates, the appeal is finally heard today.

(2.) Upon hearing the learned advocates and looking to the facts of the case, it is clear that without issuance of notice, Special Civil Application No. 9157/2006 had been decided and a final direction had been given to respondent no. 1 for recovering the amount, under the order passed in Recovery Application No. 115/2002, which had been passed in pursuance of award dated 29th May, 1998 made in Reference (LCA) No. 2112/1995.

(3.) Learned advocate Shri Dastoor appearing for the appellants has submitted that the aforestated award had been passed without hearing the appellants who are employers of Opponent no. 2. So as to ascertain whether the submission made by learned advocate Shri Dastoor is correct, Record and Proceedings from the Labour Court had been called for. Upon perusal of the record, it appears that the statement of claim made by respondent no. 2 had never been furnished to the appellants and possibly due opportunity to represent their case was not given to them.