BANWARILAL LAXMINARAYAN SHARMA Vs. SAGUNABAI RAMBHAU GAVALI

JUDGEMENT

(1.) The petitioner has challenged the demand notice dated 29-9-1997 issued by the Labour Court, Nashik in Misc. Recovery Proceedings No. 58/1997 which is admittedly based upon the judgment dated 21-10-1994 passed by the Division Bench of this Court. In para 6 thereof, it is observed as under :

(2.) The submission is that by the Registrar's order dated 8-12-1993, the petitioner's name was deleted and ultimately, as per Court's order dated 24-6-1994 the name of respondents 1 and 2 were deleted in L. P. A. No. 49/1992 in First Appeal No. 24/1983 and, therefore, the order so passed was without hearing and without giving any opportunity to respondents 1 and 2 as none appeared for them when the order dated 21-10-1994 was passed. Therefore, the order, as well as, the demand so raised is bad in law and non-est. The Appeal was continued only against respondent No. 3. In the present writ petition, the challenge is also to the order passed by the Division Bench directing the petitioner (respondent No.2) to pay the amount with interest, though, he was deleted from the matter.

(3.) Admittedly, after receipt of the demand notice in question, the petitioner had knowledge about the Division Bench order; there is no challenge made and/or any objection raised by moving appropriate application or petition before the same Division Bench and/or there is no further challenge raised in any other Court till this date. Therefore, the order so passed has attained finality for all the purposes.