SURYANARAYAN SILK MILLS Vs. LIMJIBHAI MANCHHIBHAI

JUDGEMENT

(1.) WE have heard Mr. P.H.Pathak, learned counsel for the appellant. The Labour Court decided the claim of the workman/respondent though no notice was served on the appellant as per the argument of the learned counsel Mr. P.H.Pathak. The employer/appellant filed a time barred appeal before Industrial Tribunal with an application for condoning the delay in filing the Appeal. The delay in filing the Appeal was condoned by the Industrial Tribunal and the Appeal was to be heard on merits. The workman challenged the order of condonation of delay by the Industrial Tribunal by filing the writ petition. The workman filed a writ petition being Special Civil Application No. 1266 of 2003 which was disposed of on 17.2.2006 and the order of the Industrial Tribunal was upheld. The copy of the order has been filed as Annexure "B" to the writ petition. The order dated 17.2.2006 passed by the learned Single Judge was challenged in Letters Patent Appeal No. 1070 of 2007. The Letters Patent Appeal filed by the workman was dismissed by the Division Bench on 20.6.2007. The copy of the judgment has been filed at Annexure "C" to the petition. Thereafter, the matter was to be heard by the Industrial Tribunal and the appeal of the petitioner was to be decided on merits as delay in filing the appeal had been condoned.

(2.) MEANWHILE, by order dated 2.10.2005, Pollution Control Board sealed the factory of the appellant and electricity was disconnected by the Electricity Board and the appellant deposited their licence before the authority which had issued the licence. The appeal of the present appellant was taken up by Industrial Tribunal on 9.2.2009 and it was dismissed in absence of the appellant. The appellant moved an application before Industrial Tribunal for restoring the order by filing M.C.A.No. 8 of 2010. The application was filed on 29.3.2010. The application filed by the appellant was dismissed by order dated 14.9.2010. The appellant filed writ petition being Special Civil Application no. 5016 of 2001 which has been dismissed by the learned Single Judge by judgment dated 22.4.2011.