JAYANTKUMAR ISHWARBHAI AHIR Vs. ZAVERI POLYMERS LTD.

JUDGEMENT

(1.) Rule. Learned advocate Mr. Mayur S. Barot, waives service of Rule on behalf of respondent. In this petition, the petitioner, a workman of respondent No.1, has challenged an order dtd 24.10.2007 passed by Labour Court, Bharuch in Miscellaneous Application No. 8/2007 in Ref. (LCB) No. 248/99.

(2.) The challenge arises in the background of the facts that the the learned Labour Court by an ex -parte order dtd. 28.11.2003 dismissed Reference being Ref. (LCB) No. 248/1999 on ground of non -prosecution in view of absence of present petitioner during the proceedings before the Labour Court. Then, the petitioner herein belatedly i.e., after prescribed period of 30 days, preferred Miscellaneous Application No. 19/2004 requesting the learned Labour Court to set aside the ex -parte order dismissing the Reference proceedings and to restore the Reference proceedings and to hear and decide the same after giving him opportunity of hearing. The Labour Court after hearing the petitioner and the respondent, passed order dated 14.10.2006 rejecting the said miscellaneous application. Thereafter, the petitioner filed Misc. Application No. 8/2007 with prayer for condonation of delay and by the impugned order dtd. 24.10.2007 the Labour Court rejected the said application also.

(3.) Thus, the petitioner is actually aggrieved by the order passed in Miscellaneous Application No. 19/2004 and also by ex -parte order in Reference No. 248/1999 as well as by order in the Miscellaneous Application No. 8/2007, and though aggrieved by the aforesaid orders, the petitioner has, somehow, challenged only the order dtd. 24.10.2007.