STATE OF GUJARAT Vs. CHINA KARSHAN BHADARKA

JUDGEMENT

(1.) THE State of Gujarat through its officer has preferred this petition under Articles 226 and 227 of the Constitution of India challenging the order dated 7.2.2001 passed by the Presiding Officer, Labour Court, Junagadh in Reference (LCJ) No. 1253 of 1990 as well as order passed by the Court on 23.3.2007 and 26.6.2007 and in the alternative, prayed that the matter be remanded back for fresh consideration and during the pendency of this proceedings, recovery application being Recovery Application No. 68 of 2007 be stayed.

(2.) THIS Court (Coram: K.A. Puj, J.) on 6.12.2010 passed order regarding gross delay and lack of interest on the part of concerned officers in not taking appropriate steps. Therefore, the petitioner was directed to file an affidavit giving names of concerned Range Forest Officers, who were incharge during that relevant point of time and also proper explanation as to why no timely action were taken by them and for this purpose, the matter was adjourned to 20.12.2010. The Court (Coram: K.A. Puj, J.) on 21.12.2010, after perusing the affidavits etc. filed by concerned officer, the Deputy Conservator of Forest, Junagadh Circle, Junagadh was directed to look into the matter and comply with the direction given in the earlier order dated 6.12.2010 and in the meantime, the notice came to be issued, which was made returnable on 12.01.2011. In response to the notice, concerned workman appeared through learned advocate Shri Supehia.

(3.) THE facts in brief leading to filing this petition deserves to be set out as under: THE respondent workman, at the relevant time, had to raise industrial dispute on his illegal termination, which came to be referred to the competent court, wherein, it was marked as Reference (LCR) No. 1475 of 1988, which was renumbered as Reference (LCJ) 1253 of 1990. THE written statement had not been filed on behalf of employer and hence on 7.2.2001, the ex-parte award came to be passed ordering reinstatement of the workman with full back wages. As the aforesaid order and award was ex-parte, the petitioner employer took out appropriate application under Rule 26 of the Industrial Dispute Act (Gujarat) Rules being Misc. Civil Application No. 50 of 2001, which came to be accepted by the Court on condition of depositing Rs.3000/- by way of cost to be put to the workman and original reference was restored to the file for hearing on merits.