J.K. SYNTHETICS LTD Vs. LABOUR COURT, KOTA

JUDGEMENT

(1.) THIS intra-court appeal is directed against the order dated 28.01.2013 passed in S.B. Civil Restoration Application No. 924/2012 wherein, the learned Single Judge of this Court found the order dated 09.08.2012, as passed in S.B. Civil Writ Petition No. 14249/2010, being that of the decision of writ petition on its merits, albeit in the absence of the counsel for the petitioner-appellant. The learned Single Judge, therefore, proceeded to reject the application for restoration as not maintainable but left it open for the petitioner-appellant to file an application for review.

(2.) THE principal matter in the writ petition related to an order passed by the Labour Court, Kota on 22.07.2010 on an application under Section 33C(2) of the Industrial Disputes Act, 1947 ('the Act of 1947') whereby the Labour Court, with reference to its award dated 11.02.1992, directed the appellant Company to make payment of an amount of Rs.10,99,042/- to the respondent-workman together with interest @ 6% per annum from the date of application, i.e., 04.09.2002.

(3.) AS noticed, the aforesaid order dated 09.08.2012 was passed by the learned Single Judge in the absence of the learned counsel for the petitioner-appellant and hence, an application, purportedly seeking restoration, was filed but the same was disallowed by the order under challenge in this intra-court appeal.