MANAGER, KAILASH STEEL WORKS Vs. RASIDBHAI MOHSINALI SAIYAD

JUDGEMENT

(1.) The petitioner-Establishment, being aggrieved by the order dated 31st December, 1999 passed by the learned Presiding Officer, Labour Court, Ahmedabad in Reference (LCA) No.87 of 1997, directing payment of Rs.42,600/- to the respondent-workman, is before this Court.

(2.) The short facts necessary for disposal of the present Writ Application are that challenging the illegal termination/retrenchment, the workman came to the learned Labour Court and filed the statement of his claims. The present petitioner-Establishment also filed the written statement. The workman filed his affidavit in support of his case, but, the present petitioner-Establishment did not file any affidavit in support of their case. Both the parties with a clear understanding and open mind informed the Court that they were not to lead any oral evidence. However, the workman submitted to the Court that he was forgoing his right of reinstatement, but, was confining his case to the monetary benefits.

(3.) Shri N.D. Songara, learned Counsel for the petitioner-Establishment, submits that the Counsel for the Establishment had made a bona fide statement in the Court that the Establishment was not ready to lead any evidence. However, he was unable to say as to why the affidavit in support of the case of the Establishment was not filed.