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SCA/7996/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7996 of 2009
=========================================================
TALUKA
DEVELOPMENT OFFICER & 1 - Petitioner(s)
Versus
RAJNIKANT
VALJIBHAI MEHTA - Respondent(s)
=========================================================
Appearance
:
MR
VIJAY J SHAH for
Petitioner(s) : 1 - 2.MR.HIREN M MODI for Petitioner(s) : 1 -
2.
NOTICE SERVED for Respondent(s) : 1,
MR SANDEEP N BHATT for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 09/04/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
The
petitioner has challenged award passed by Labour Court, Junagadh in
Reference Case No.118 of 2001 dated 15th November 2007.
This
Reference has been decided by Labour Court in absence of present
petitioner. That facts have been narrated by Labour Court in Para 7
to 9, which are quoted as under :
7. It
appears that notice of hearing sent by this Court has been served by
R.P.A.D. upon the Taluka Development Officer, Veraval at Ex.10 and
notice has been served upon the Principal, Ajotha Primary School by
R.P.A.D. at Ex.14. Stage to file written statement of the first party
has been closed under Ex.15 as no one has appeared despite service of
notice.
8. Oral
evidence of the workman has been recorded at Ex.16. Documentary
evidence of the workman has been produced at Ex.17 and 18. Ex.17 is a
copy of the demand letter of 18.12.2000 and Ex.18 are original postal
acknowledgments. Evidence of the workman has been closed under Ex.19.
Stage to adduce evidence of the first party has been closed under
Ex.20.
9. I
have heard learned advocate Mr. J.B. Savliya appearing for the
workman. No one has appeared for the first party to argue the
matter.
In
light of aforesaid observations made by Labour Court, Junagadh, this
ex-parte award has been passed by Labour Court against present
petitioner in absence of petitioner. Therefore, petitioner is having
alternative effective statutory remedy available under Rule 26A of
Industrial Disputes (Gujarat) Rules, 1966 to file application before
Labour Court, Junagadh with a prayer to set aside ex-parte award and
Labour Court is having a power to condone delay, if any, and also
have power to grant interim stay against ex-parte award under Rule
26B of Industrial Disputes (Gujarat) Rules, 1966.
Therefore,
on this ground, present petition is not entertained by this Court and
same is disposed of by this Court without expressing any opinion on
merits.
The
Special Civil Application No.440 of 1995, which has been filed by
respondent workman, has been disposed of as statement made by learned
advocate Mr. Sandeep N. Bhatt appearing on behalf of respondent.
As
and when such application for setting aside ex-parte award is filed
by petitioner, let Labour Court may consider it and pass appropriate
order after giving reasonable opportunity of hearing to both
respective parties.
[H.K.
RATHOD, J.]
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