DAHOD DISTRICT PANCHAYAT Vs. KESARIYABHAI KALIABHAI BHOBHOR

JUDGEMENT

(1.) PRESENT , petitions have been filed against the order dated 29.9.2008 passed by Labour Court, Dahod in Recovery Application No. 332 of 2008 (Old Recovery Application No. 45/06) whereby the Labour Court, has allowed the recovery application and reconfirmed the orders passed earlier in Recovery Applications No. 2/02 to 14/02 and has further directed to issue recovery certificate. By the said order the Labour Court has also allowed cost of Rs. 3,000/ - in favour of workmen.

(2.) THE facts leading to the presentation of this petition are that about 13 persons filed Recovery Applications in the Labour Court being Recovery Applications No. 2/02 to 14/02. The said Recovery Applications came to be allowed by order dated 16.08.2004. On the ground that the said order dated 16.08.2004 was passed without affording sufficient opportunity to the present petitioner, Misc. Application under Rule 26 -A of Industrial Disputes (Gujarat) Rules, 1966, being MCA Nos. 11/05 to 24/05 came to be filed with a request that the original proceedings of Recovery Applications No. 2/02 to 14/02 may be restored and opportunity of defence may be allowed and the said Recovery Applications may be heard and decided on merits.

(3.) FROM the record of the petition, the events subsequent to the order dated 6.2.2006 are not clear inasmuch as by the said order dated 6.2.2006 the Labour Court allowed Misc. Application and restored the proceedings of Recovery Applications No. 2/02 to 14/02, however what happened subsequently i.e. after restoration of Recovery Application No. 2/02 to 14/02 is not clear from the record of the petition. It, however, transpires that Recovery Application No. 332/08 came to be registered by Labour Court, Dahod (which bear Recovery Application No. 45/06 as old number) in which the Labour Court passed the impugned order dated 29.09.2008. From the perusal of the order dated 29.09.2008, it appears that through a union some applicants, who had filed the aforesaid Recovery Applications, claimed payment of Rs. 1,06,250/ - on the basis of original orders passed in Recovery Applications No. 2/02 to 14/02. The Labour Court has, by the impugned order dated 29.09.2008, directed that the petitioner must make the payments to the concerned persons on the basis of the orders passed in Recovery Applications No. 2/02 to 14/02.