CHANRAKANT DEVGIRI GIRI Vs. PORBANDAR NAGARPALIKA

JUDGEMENT

(1.) HEARD Mr. Chandrakant Devgiri Giri party-in-person and Mr. Devnani learned advocate for the respondent. It is noticed that by earlier order, "rule" was made returnable, however subsequently in 2005 the proceedings were dismissed for non-prosecution. Subsequently the petition came to be restored. However, so as to avoid complications on (he issue as to whether status of "rule" was restored or not fresh "rule" is issued. Mr. Devnani learned advocate waives service of "rule" on behalf of the respondent. With the consent of the parties the petition is taken up for final hearing and disposal today.

(2.) THIS petition has been filed against an order dated 29. 9. 1995 whereby the labour Court, Junagadh has rejected the reference being reference (LCR) No. 68 of 1990 (Old No. 538 of 1982 ). The reference has been rejected on the ground of non-prosecution. The labour Court hits recorded that despite ihe fact that the proceedings and the hearing of reference have been adjourned time and again the petitioner i. e. concerned workman has not attended the proceedings and therefore the reference had to be rejected for non-prosecution.

(3.) THIS Hon'ble Court has held that the reference cannot be dismissed for non-prosecution as order dismissing reference for non-prosecution would not amount to award and the Court is supposed to pass an award. In this regard reference can be made to the judgment of this Court in case between Jayantkumar Ishwarbhai Ahir v. Zaveri Polymers Ltd. , reported in 2008 (3)GUI 745 wherein it is held that: