DEPUTY EXECUTIVE ENGINEER Vs. SURABHAI MOTIBHAI CHAVDA

JUDGEMENT

(1.) HEARD learned advocate Mr. Pradeep Patel appearing on behalf of petitioners.

(2.) THIS group of petitions are filed by petitioners on 13th September 2007 vide Special Civil Application (Stamp) No. 23614 of 2007 to Special Civil Application (Stamp) No. 23624 of 2007. These matters are remained in objection. Ultimately, on 2nd February 2008, after removing the objections, matters are registered as regular special civil application.

(3.) IN the present petitions, petitioners have challenged ex-pad passed by Labour Court, Nadiad Exh. 29 in Reference No. 32 of 1998 (Old Reference No. 272 of 1984) dated 21st December 1998. The Labour Court, Nadiad had set aside the termination order in favour of 11 workmen those who are respondents and granted reinstatement with continuity of service with full backwages of interim period. The respondents raised industrial dispute against their termination dated 21st December 1983 which was referred for adjudication on 30th July 1984 to Labour Court, Nadiad. The Labour Court, Nadiad has passed an ex-parte award prior to this in Reference No. 273 of 1984 vide Exh. 11 on 28th May 1991. Thereafter, application No. 49 of 1991 was filed by petitioners for setting aside ex-parte award which was allowed by Labour Court after hearing both the sides on 23rd December 1997 vide Exh. 9 and given reasonable opportunity of hearing to the petitioners and directed to decide the reference on merits. Thereafter, matter was adjourned to 20th March 1998. But, after restoring the reference while setting aside the ex-parte award, again, petitioner remained absent throughout and not filed reply against the statement of claim filed by respondent. Vide Exh. 9 - Surabhai Mothibhai Chavda, vide Exh. 14 - Harkhabhai Lalabhai Vankar, vide Exh. 15 - Dhanabhai Lalabhai Vankar, vide Exh. 16 - Bhupatbhai Motibhai Chavda, vide Exh. 17 - Mohbatsinh Fatehsinh Rathod, vide Exh. 18 - Ramabhai Khanabhai Vankar, vide Exh. 19 - Lallubhai Juhabhai Dabhi, vide Exh. 20 - Udabhai Juhabhai Dabhi, vide Exh. 21 - Nanabhai Bajibhai Dabhi, vide Exh. 22 - Nanjibhai Vaghjibhai Rathod, vide Exh. 23 - Chimanbhai Pashabhai Vankar were filed affidavit before Labour Court supporting the facts narrated in statement of claim and Shri Surabhai Motibhai Chavda was examined in support of statement of claim. The present petitioner was not remained present to cross-examine the aforesaid workmen though notices were served to the petitioners. Thereafter, vide Exh. 25, the oral evidence of the workmen was closed and matter was kept for oral evidence of petitioner. Thereafter, again, an intimation was sent vide Exh. 26 to the petitioner to remain present before the Labour Court, even though, petitioner remained absent. Therefore, ultimately, Labour Court has heard the matter and passed ex-parte award against the petitioner.