(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Heard the learned advocate Mr. Asim J. Pandya for the applicant.
1. Rule.
Mr. R.D. Raval learned advocate waives service of rule on behalf of the respondent.
2. The present application is filed by the original petition-appellant praying that :
"12(a).
This Hon'ble Court may be pleased to stay the implementation and execution of order dated nil-1-2012 in Recovery Application No. 38/2007 at Annexure-D as there is stay operating against the enforcement of the Award dated 6.6.2011 of the Labour Court, Vadodara in Reference (LCV) No. 131 of 1995 by virtue of the order dated 21.2.2002 in Civil Application No. 12091 of 2007."
3. Learned advocate for applicant submitted that the LPA was dismissed for default on 7.4.2011. It is, thereafter, that the Recovery Application NO. 38/2007 in Reference (LCV) No. 131/1995 came up for consideration before the learned Judge, Labour Court Court No. 2, Vadodara and he passed the order on dated nil-1-2012.
4. Learned advocate for applicant also states that the applicant-appellant-original petitioner is complying with the provision contained in section 17B of the Industrial Disputes Act, 1947 as was directed by this Court (Coram: Hon'ble Ms. Justice R.M. Doshit (as she then was) & Hon'ble Mr. Justice K.M. Thaker) on 21.2.2008. Learned advocate Mr. Pandya also submitted that if the factum of restoration of LPA by order dated 2.8.2011 was brought to the notice of the learned Judge, Labour Court, Court no. 2, Vadodara, then, he may not have passed the order dated nil-1-2012.
5. As against this, learned advocate for respondent, who is appearing on service of a copy of the application, submitted that the present applicant did not appear before the learned Judge, Labour Court, Court no. 2, Vadodara in the aforesaid Recovery Application and it was ex-parte that the learned Judge was required to pas the order.
6. Be that as it may. The fact remains that the present applicant-appellant-original petitioner is complying with the provisions of section 17B of the Industrial Disputes Act, 1947, and that being so, the order dated nil-1-2012 passed in Recovery Application No. 38/2007 cannot be allowed to operate.
7. Hence, this application is allowed. The order dated nil-1-2012 is stayed till the final disposal of the LPA. Learned advocate for the applicant reiterates and assures this Court that the applicant-appellant will continue to comply with the provisions of section 17B of the Industrial Disputes Act, 1947. Rule is made absolute to the above extent. DS Permitted.
[RAVI R. TRIPATHI, J.] [PARESH UPADHYAY, J.] mandora/ Top