SUSHMA MARBLE Vs. JAYANTIBHAI FULABHAI PARMAR

JUDGEMENT

(1.) HEARD learned advocate for the parties. Rule is fixed forthwith at the request of both the advocates for the parties.

(2.) THE petitioner, an employer, has approached this Court under Articles 226 and 227 of the Constitution of India assailing the award and order dated 26.7.2005 passed by the Presiding Officer, Labour Court, Nadiad in Reference(L.C.N.)No.78 of 1980 ordering reinstatement of the workman -respondent with full backwages and Rs.1000/ - as costs.

(3.) IT was the case of the workman before the concerned learned Labour Court that the workman was working sincerely with the employer in the stone cutting work at the daily wage of Rs.22/ -. As no benefits whatsoever were given to the workman, he demanded the same and therefore, he was unceremoniously terminated with effect from 28.5.1992. The termination order being oral, the same could not be produced. However, it was weighed in the statement of claim that no retrenchment compensation and notice or pay in lieu of notice was paid. The fact remains that there was no written statement filed on behalf of the present petitioner -)original employer). The reference was allowed ex -parte vide award and order dated 11.2.1999. The employer filed Miscellaneous Civil Application for setting aside the same being Miscellaneous Civil Application No.22 of 1999 in Reference No.38 of 1993( it was an old number of the present reference) and the same was allowed with cost of Rs.4000/ - vide order dated 15.3.2005. Thereafter, also the employer could not remain present and the Labour Court allowed reference dated 26.7.2005, which is impugned in this proceeding along with the order passed by the Labour Court on 5.2.2007 rejecting the restoration application being Miscellaneous Application No.13 of 2006.