(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.Deepak Sanchela, learned counsel appearing for the appellant. This Letters Patent Appeal has been filed challenging the order dated 12.3.2012 passed by the learned Single Judge in Special Application No.13867 of 2011 by which the learned Single Judge has upheld the Award of the Labour Court. The learned Single Judge has recorded the following finding in paragraph 4.1 of the order.
"4.1 The fact remains that the respondent workman was dismissed from service without issuing notice or granting notice pay. The petitioner failed to provide necessary documents on record in support of its claim. The petitioner has committed breach of sections 25(f), (g) & (h) of the Industrial Disputes Act and therefore, I am not inclined to exercise powers under Section 227 of the Constitution of India. The decision of the Apex Court shall not be applicable on the facts of the present case. The petitioner ought to have followed the mandatory provisions in dismissing the services of the respondent and in absence of the same this Court thinks it fit to confirm the order of the Labour Court which is just and proper."
2. We are of the opinion that the workman was dismissed without any notice or granting notice pay. Therefore, the learned Single Judge has rightly dismissed the writ petition. We do not find any illegality in the impugned order passed by the learned Single Judge or the Award passed by the Labour Court. This Appeal fails and is accordingly dismissed. As a consequence, civil application also stands dismissed.
(V.M.SAHAI,J) (G.B.SHAH,J) ***vcdarji