DIRECTOR Vs. PARMAR MAHESHBHAI DEVJIBHAI

JUDGEMENT

(1.) Mrs. Manisha Lavkumar, learned AGP for the petitioner; Shri T.R.Mishra, learned counsel for the respondents.

(2.) The petitioner being aggrieved by the order dated 24.11.95 passed in Recovery Application No. 3812 of 1986 by the 1st Labour Court, Ahmedabad, is before this Court with a submission that without any adjudication of pre-existing right of a labour, labour/workman could not make an application under Section 33-C[2] of the Industrial Disputes Act. 1947.

(3.) The short facts necessary for disposal of the writ application are that one Devjibhai Dahyabhai [since deceased] filed an application under Section 33-C[2] of the Industrial Disputes Act, notices were issue to Director, ESI Scheme and thereafter, inquiry was made and the Court passed the final order directing the present petitioner [original non-applicant] to pay sum of Rs.46.168.38 ps.