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SCA/5083/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5083 of 2011
=========================================================
PARMAR
RAVJIBHAI RANCHHODBHAI - Petitioner(s)
Versus
CHAROTAR
IRON FACTORY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KIRIT J MACWAN for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/04/2011
ORAL
ORDER
Heard
learned advocate Mr. K.J. Macwan appearing on behalf of petitioner.
The
Reference No.150 of 1997 was referred for adjudication by Assistant
Commissioner of Labour, Nadiad vide order dated 20th May,
1997. In said Reference, statement of claim was filed by workman vide
Ex.4 and his date of termination is 14th April, 1997. This
Reference has been decided by Labour Court on 17th
October, 2003. But, learned advocate Mr. Macwan submitted that in
pursuance of aforesaid award, workman was not reinstated in service.
However, he submitted that Labour Court, Anand has committed gross
error deciding same reference again which was already adjudicated by
Labour Court, Anand on 17th October, 2003.
This
Court has verified facts, Reference No.150 of 1997, order of
Reference 20th May, 1997 and termination date 14th
April, 1997. Basically, same reference has been decided again by
Labour Court, Anand. This blunder is found apparently by this Court
from record. The same Reference is decided second time on 13th
September, 2010, where, Labour Court has granted only Rs.35,000/-
amount of compensation and also retirement benefits from date of
joining to date of retirement. It is necessary to note that on
earlier occasion, Presiding Officer, Labour Court, Anand was Mr. N.N.
Patani and on second occasion, Presiding Officer, Labour Court, Anand
was Mr. R.K. Patel.
Therefore,
issue NOTICE to
respondents returnable on 1 st
July, 2011.
Respondent
No.2 – Presiding Officer, Labour Court, Anand is directed to
submit report to this Court as to why two awards have been passed by
Labour Court in one matter i.e. Reference No.150 of 1997 vide Ex.41
and vide Ex.63. The order of Reference made by Assistant Commissioner
of Labour i.e. 20th
May, 1997 in both cases remained same, therefore, let Presiding
Officer, Labour Court, Anand may examine this aspect after receiving
papers from petitioner and also verify original record that why this
incident has happened and who is responsible for it and then to
submit detailed report to this Court on 1 st
July, 2011,
without fail.
[H.K.
RATHOD, J.]
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