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SCA/11384/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11384 of 2009
=========================================================
DR.SHILPAN
R JOSHI MEMORIAL HIGH SCHOOL & 1 - Petitioner(s)
Versus
MANSINGBHAI
JOKHANABHAI BHAGORA - Respondent(s)
=========================================================
Appearance
:
MR
JAPAN V DAVE for
Petitioner(s) : 1 - 2.
MR YV SHAH for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 03/03/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
In
present petition, petitioner has challenged award passed by Labour
Court, Dahod in Reference (LCD) No.838 of 2008 and old Reference
No.31 of 2002 Ex.20 dated 7th July 2009. The Labour Court
has decided oral termination order dated 12th September
2002 with a direction to reinstate the workman with continuity of
service and full back wages of interim period with cost of
Rs.3,000/-. This award has been passed by Labour Court in absence of
petitioner as discussed in paragraph 4 of the award.
Therefore,
apparently, this being an ex-parte award passed by Labour Court,
Dahod in absence of petitioner, therefore, let petitioner may file
necessary application before Labour Court, Dahod under Rule 26A for
setting aside ex-parte award. The ex-parte award is published and
within 30 days, application to set aside ex-parte award is required
to file by petitioner, but, even subsequently also, Labour Court is
having a power to condone delay in filing such application and Labour
Court would not become functus officio as per Apex Court’s
decision reported in 2009(3) MLJ 1368. The Labour Court has
also power to grant stay against ex-parte award under Rule 26B of
Industrial Disputes (Gujarat) Rules. Therefore, only on that ground,
this petition is not entertained, because, petitioner is having
alternative, effective, statutory remedy available under Rule 26A and
Rule 26B of Industrial Disputes (Gujarat) Rules, 1966. Therefore,
this petition is not entertained.
Let
petitioner may approach Labour Court, Dahod to set aside ex-parte
award.
In
view of above observations and direction, present petition is
disposed of accordingly.
Learned
advocate Mr. Japan Dave submitted that in view of order passed by
this Court on 6th November 2009, Rs.5,000/- has been
deposited by petitioner before registry of this Court, therefore,
learned advocate Mr. Y.V. Shah appearing on behalf of respondent
submitted that notice was issued by this Court only on condition to
deposit Rs.5,000/- by petitioner, therefore, that amount is to be
given to respondent.
I
have considered submissions made by both learned advocates.
Considering the order passed by this Court on 6th November
2009, registry is directed to pay Rs.5,000/- by account payee cheque
in name of Mansingbhai Jokhanabhai Bhagora, after proper
verification.
It
is made clear that interim order passed by this Court on 6th
November 2009 shall remain continue for a period of one month.
Meanwhile,
let application for setting aside ex-parte award is to be filed by
petitioner before Labour Court, Dahod.
[H.K.
RATHOD, J.]
#Dave
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