High Court of Gujarat -vs- Hitendra Vrajlal Ashara & Anr

CIVIL APPEAL NO. 10304 OF 2014

High Court of Gujarat                 .. Appellant
Hitendra Vrajlal Ashara & Anr    .. Respondents

This appeal is preferred against the judgment and final Order dated 30.8.2013 passed by the High Court Gujarat at Ahmedabad in Special Civil Application No.15449 of 2008. The respondent was working as a Judicial Officer under the administrative control of the High Court namely the appellant herein. Labour Court of Bhavnagar had passed ex-parte award dated 17.7.1993 in Reference (LCB) No.490 of 1990 in favour of workman, wherein his termination was set aside with a direction to grant consequential benefits. The employer filed Misc. Application No.92 of 1993 on 21.11.1993 to set aside the exparte award in the said case and the Labour Court dismissed the application on 28.4.1997.Employer filed another Misc. Application No.37 of 1997 praying to set aside the ex-parte award in the said case. Meanwhile workman filed Recovery Application No.279 of 1997and the Labour Court directed recovery in pursuance to order passed in Reference LCB No.490 of 1990. Challenging the original award and the order passed in recovery application the employer preferred Special Civil Application Nos. 446 and 520of 1998 and the High Court dismissed the same. Respondent as In-charge Judge of the Labour Court of Bhavnagar allowed the employer’s Misc. Application No.37 of 1997 on 8.5.1998. The workman filed complaint dated 13.5.1998 before the President, Industrial Tribunal. The workman challenged the said order by filing Civil Application No. 4460 of 1998 on 15.9.1999 and the High Court dismissed the same. Two Members of the Industrial Court on 28.12.1999 conducted preliminary inquiry on the complaint of the workman against the respondent and concluded against him. Aggrieved by the Order in Special Civil Application No.4460 of 1998 both the workman and employer preferred independent Letters Patent Appeal Nos.1362 of 1999and 1412 of 1999. They came to be disposed of by common order dated 27.3.2000 in terms of settlement arrived at between the parties. The Inquiry Officer on 4.4.2002 passed the final order. The High Court on 3.8.2002 recorded tentative decision accepting the Inquiry Report. The respondent was dismissed from service on 19.11.2007. Challenging the same the respondent-officer preferred the Special Civil Application No.15449 of 2008 before the High Court, it has allowed the application and set aside the Inquiry Report and order of dismissal passed against the Appellant. Aggrieved by the same on the administrative side, the High Court has preferred the present appeal….read more