STATE OF GUJARAT Vs. JERAMBHAI TASABHAI

JUDGEMENT

(1.) These petitions are filed under Article 226 and 227 of the Constitution challenging the orders dated 07.04.2017 individually made by the Labour Court in recovery applications individually filed under Section 33 C(2) of the Industrial Dispute Act,1947 ('the Act') by the respondent no.1 of each petition being recovery application nos. (C-2) 23 of 2014, (C-2) 24 of 2014, (C-2) 25 of 2014 and (C-2) 26 of 2014, respectively.

(2.) The respondent no.1 filed recovery applications to recover amounts of wages for the period from expiry of 30 days from the date of Awards for reinstatement passed by the Labour Court till the respondent no.1 were reinstated in service. As claimed by the respondent no.1, they were reinstated in service on 09.05.2014 and they were entitled to recover the amount of wages from the period from 19.05.2010 to 28.02.2014. The Labour Court has partly allowed all recovery applications by impugned orders and awarded the amounts claimed by the respondent no.1. As observed by the Labour Court, the petitioner has not challenged the calculation of the amounts claimed by the respondent no.1.

(3.) Learned AGP Ms. Patel for the petitioner submitted that after the award for reinstatement was made by the Labour Court in favor of the respondent no.1, the respondent no.1 never came forward for reinstatement in service and it was only when the petitioner sent intimation in the year 2014 to the respondent no.1 to resume duty pursuant to the award of the Labour Court, the respondent no.1 resumed duty and thereafter, claimed the wages for the period from 2010 to 2014. She submitted that since the respondent no.1 is responsible for delay in filing the recovery applications, the recovery applications were required to be rejected only on the ground of delay.