- (1.)HEARD Shri R. V. Desai for the petitioner and Shri. K. V. Ghadia for the respondent. The petitioner herein as one Kitibhai Chandulal Shah, Managing Partner of one Kirti Weaving Factory. The respondent is Rameshbahi Babubahi Avasthi, who has been a workman working in a firm known as Sidharth Textiles. It is the case of the respondent that he was wrongfully terminated from service and therefore, on his raising a dispute reference came to be made to the Labour Court at Ahmedabad being Reference (LCA) No. 1850 of 1992. During me course of hearing of that Reference, certain orders came to be passed. They are sought to be challenged by the petitioner Kirtibhai Chandulal Shah, Managing partner of Kirti Weaving Factory.
(2.)IT is the case of the petitioner that Kirti Weaving Factory has nothing to do with the pending Reference. That is not even the case of the respondent workman. The case of the respondent-workman that he is a workman of Sidharth Textiles. Shri. Desdai, learned Adv. for the petitioner pointed out to me that the statement on claim of the respondent - workman was sent with the packet bearing the following address: Shri Kirtibhai Chandulal Shah, S-16/17, 20th Municipal Industrial Estate Comer Bapunagar, Ahmedabad-23. Shri. Ghadia on the other hand pointed out that though that might be the address on the packet, mat was so done because in the understanding of the respondent-workman this Kirtibhai Chandulal Shah was the proprietor of Sidharth Textiles and the Acknowledgment along with the packet bore the following address of the recipient: Shri Kirtibhai Chandulal Shah, Siddharth Textiles, 2-16/17,20th Municipal Industrial Estate Comer, Bapunagar, Ahmedabad-23. The packet shown by Mr. Desai bears the outward No. 1363 Dated September 21, 1993 and the same number appears on the acknowledge which bears the signature of this Kirtibhai C. Shah of having received the notice.
(3.)THEREAFTER Shri. Ghadia has al so drawn my attention to the certified copy of the Vakalatnama which was filed in the said proceedings for the employer. The Vakalatnama bears the Reference No. SC A 1850/92. Thereafter names of the parties are mentioned as Siharth Textiles and Kirti Textiles, Ahmedabad v. Ramesh babubhai Avasfftt. The Vakalatnama is issued by one Mr. P. M. Pandya, Manager for Kirti Weaving Factory. This Vakalatnama is in favour of Shri R. V. Desai, Advocate, who has accepted the same, tendered it in the Court and since the Vakalatama bears the number of the proceedings and also the names of the parties the same has been accepted and Shri. R. V. Desai has been allowed to appear on behalf of Sidharth Textiles.