MAFATLAL S PATEL Vs. BLINDMEN S ASSOCIATION

JUDGEMENT

(1.) Heard the learned Advocate, Mr.M.K.Patel, appearing on behalf of applicant ? original respondent and learned Advocate, Mr.Chari, appearing on behalf of respondent ? original petitioner.

(2.) The respondent ? original petitioner ? Blindmen's Association has challenged the award dated 19.5.2000 passed by Labour Court, Ahmedabad in Reference No.728 of 1988 by filing SCA No.1610 of 2001. The Labour Court, Ahmedabad has come to conclusion that by threat, resignation was obtained from the workman and, therefore, workman is entitled the reinstatement with continuity of service with full back wages of interim period. The Labour Court, Ahmedabad has directed the original petitioner to implement and enforce the award under Section 17A of the I.D.Act,1947 within a period of 30 days from the date of publication. This award can be enforced considering the provisions of Section 17A of the I.D.Act,1947 after completion of 30 days from the date of publication. The SCA No.1610 of 2001 is filed by original petitioner on 20.2.2001 and this Court has passed the order issuing Rule and granted ad-interim relief in terms of Para.4(B), whereby, the entire award including reinstatement with back wages has been stayed by this Court. This ex-parte ad-interim relief is continued as it is.

(3.) The applicant ? original respondent has filed present Civil Application on 29.5.2006. In Para.4 and 5, the applicant has made following averments :