CHIEF EXCUTIVE Vs. GHANSHYAMBHAI MAGANBHAI PATEL

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, challenge is made by the petitioner-The Gujarat Rajya Handloom Handicrafts &Audyogic Sahakari Federation registered under section 7 of the Bombay State Co-operative Societies Act, 1925 in 1960 against the order of the Labour Court, Bharuch passed in Recovery Application no.260 of 2002 dated 21.11.2007.

(2.) The facts in capsulised form are as follows:-

(3.) The award came to be passed ex parte on 29.11.1982 and the respondent was reinstated with full back wages with cost. This is also notified by the State on 29.11.1982. Aggrieved petitioner had preferred Miscellaneous Application for restoration of original reference under Rule 26(A) of the Gujarat Industrial Disputes Rules, 1966 (hereinafter referred to as "the rules"). Miscellaneous Application No.1 of 1983 in Reference (LCV) No.239 of 1981 was subsequently changed by new number as Reference (LCV) No. 428 of 1983. In the aforesaid proceedings, both the parties arrived at a settlement and requested the Labour Court to pass an appropriate order. In light of the compromise, the Labour Court passed judgment and order on 11.12.1983 and the same was notified by the State Government on 12.12.1983.