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Judgment
K.S. Jhaveri, J.—Though served, none appears for the respondent.
By way of this petition, the petitioner has challenged the judgment and order dated 27.4.2006 of the Labour Court, Junagadh whereby the Labour Court has granted Recovery Application u/s 33(C)(2) and directed the petitioner to deposit Rs. 51636/-.
Heard Mr. Sanchela for the petitioner. None appears for the respondent.
The counsel for the petitioner has contended that in the proceedings challenging the original award of the Labour Court i.e. in Special Civil Application No. 12747 of 2001, with the consent of the parties, this Court has modified the order of the Labour Court and set aside the order of full backwages granted by the Labour Court. It is, therefore, submitted that the impugned order is contrary to the order of this Court and the petition deserves to be allowed.
The contention raised by the learned counsel for the petitioner is required to be accepted. Since the order of the Labour Court is modified by this Court, the impugned order passed u/s 33(C)(2) deserves to be quashed and set aside.
In the result, the petition is allowed. The judgment and order dated 27.4.2006 of the Labour Court, Junagadh in Recovery Application No. 299 of 2000 is quashed and set aside. Rule is made absolute. No order as to costs.