STATE OF GUJARAT Vs. AKBALSING RAMESHWARSING

JUDGEMENT

(1.) SHRI I. M. Pandya learned Assistant government Pleader for the petitioner-State; shri U. T. Mishra, learned counsel for the respondent.

(2.) THE petitioner-State being aggrieved by the order dated February 10, 1999, passed by the Labour Judge, Ahmedabad, in Recovery application No. 1962/1987 is before this Court under Article 227 of the Constitution, with a submission that in absence of a pre-adjudicated right or admitted right, the Labour Court had no jurisdiction to proceed with the recovery application and direct recovery against the petitioner.

(3.) IT is to be noted that the State government, was undisputedly not a party before the Labour Court, the only party before the Labour Court was Director, ESI corporation. However, present petition came to be filed by the State Government through the/ director of ESI Corporation.