SULEMANBHAI HUSAINBHAI VANAT Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) IN this petition, the petitioner has challenged an award dated 11.12.2006 passed by the labour court in reference No.7 of 2002.

(2.) MS . Patel appearing for Mr. Rawal, learned advocate for the respondent corporation, has placed on record copy of the order dated 3.8.2007 passed by the Court (Coram: Mr. H.K.Rathod, J.) in special civil application No.19380 of 2007. In the said petition, the very same award, which is the subject matter of the present petition i.e. award dated 11.12.2006 passed in reference No.7 of 2002 was challenged by the respondent corporation. After considering the award as well as rival contentions of both the sides in detail, the Court was pleased to reject the petition preferred by the present respondent corporation by order dated 3.8.2007 passed in said special civil application No.19380 of 2007.

(3.) IT is pertinent to note that while passing the said order and dismissing the petition, this Court noticed that the petitioner workman was terminated on account of his continuous absence due to illness with effect from 9.2.1978 and consequently, he was dismissed with effect from 18.7.1978 and that against such termination he preferred reference in 2002. Thus, the dispute was raised after a period of 14 years and almost 28 years had passed, since the date of dismissal, when the award came to be passed. Considering the said aspect, this Court (Comam : Hon'ble Mr. Justice H.K.Rathod) found the said award just and reasonable and that therefore, this Court, in paragraph 6 of the said order, has observed as under: -