MEDICAL OFFICER Vs. NARANBHAI DHARMABHAI PRAJAPATI

JUDGEMENT

(1.) LEAVE to amend to change the designation of petitioner No. 2 Chief District health Officer, Gandhinagar District panchayat, Gandhinagar.

(2.) HEARD learned Advocate Mr. H. S. Munshaw for the petitioners.

(3.) THROUGH this petition under Article 227 of the Constitution of India, the petitioners are challenging ex parte award made by the Labour Court, Kalol in reference No. 435 of 1999 dated 29. 1. 2007 wherein the Labour Court has granted reinstatement with of the respondent workman on his original post with full back wages and costs of Rs. 1000. 00. In the said reference, statement of claim was filed by the respondent on 18. 1. 2000. Date of termination as mentioned is 7th June, 1989. Date of joining is 1st June, 1988. In reference, the Labour Court had issued notice to the petitioner vide Exh. 3 which was served on the petitioner but no one had remained present on behalf of the petitioner before the Labour Court in response to the notice issued by the Labour Court and, thereafter, no reply was filed by the petitioner before the Labour Court in the said reference. Thereafter, the Labour Court had taken on record affidavit of the workman vide Exh. 11 and there was no cross-examination of the workman by the petitioner, therefore, in view of these facts, labour Court was having no option but to believe the statement of claim supported by the affidavit of the workman which had remained uncontroverted by the petitioner as not cross-examined by the petitioner and therefore, Labour Court came to the conclusion that the services of the respondent were terminated illegally and, therefore, Labour Court granted full relief of reinstatement with full back wages for interim period with costs of Rs. 1000. 00 to be paid by the petitioner to the respondent workman. Said award is challenged by the petitioner before this court through this petition.