( 1 ) THE appellants have challenged, in this Appeal, the Judgment and order dated 1. 12. 2004, passed by the learned Single Judge (Coram : Akil Kureshi, J.) in Special Civil Application No. 7430 of 2004 whereby the learned Single Judge allowed the writ petition i. e. Special Civil Application No. 7430 of 2004 filed by the respondent workman and quashed and set aside the impugned orders dated 22. 5. 2003 and 5. 4. 2004 (Annexure : C) passed by the Labour Court.

( 2 ) THE respondent workman was working as Bleaching Machine man in the Dyeing Department of the appellant Company with effect from 1. 1. 1995 on a monthly salary of Rs. 2210/ -. But, the respondent was not given his Card, salary slip, etc. When demanded the appellants terminated his service by oral termination order dated 6. 7. 1991 without following the provision of law. Though, the workman wrote a letter dated 2. 8. 1997 to take him back in service he was not taken in service by the appellant. He, therefore, filed T. Application No. 712 of 1997 on 3. 10. 1997 before the Labour Court. Summonses issued in it were duly served on the present appellants employer. Though served, the appellants did not bother to personally remain present before the Labour Court. Thereafter, after waiting for a period of almost 3 years by an order dated 15. 4. 2001 the Labour Court set aside the termination order of the workman and ordered the appellants to reinstate the workman in service with full back wages. It is required to be stated that this order of reinstatement in service with full back wages, passed by the Labour Court, was never challenged by the appellants employer and thereby it has become final. In spite of the order of reinstatement passed by the Labour court in favour of the workman the appellants employer failed to comply with the same, therefore, the workman had no alternative but to approach the Labour court by way of Recovery Application and accordingly he approached the Labour Court, Surat by way of Recovery Application No. 474 of 2000. Summonses issued in that Recovery Application were duly served on the appellants employer. But, though duly served he did not remain present before the Labour Court, therefore, by an order dated 16. 4. 2001 (Annexure : B) the Labour Court allowed that Recovery Application and directed the employer to pay the total amount of Rs. 77,850/- towards the arrears of salary with cost of Rs. 500/ -. The employer was already in know of this ex-parte order which is clear from the order dated 22. 5. 2005 passed by the Labour Court, Surat itself in Application No. 9 of 2003 as, after passing of the impugned order dated 16. 4. 2001, the Labour Court passed an order dated 30. 6. 2001 to the Collector to issue Recovery Certificate. It is also clear from the order dated 22. 5. 2003, passed by the Labour Court, Surat (Annexure : C) that the employer was in know of the order. Not only that, he had also taken copy of Recovery Certificate which was ordered to be issued in view of the order passed in Recovery Case. It is also to be noted that the impugned order of recovery passed on 16. 4. 2001 (Annexure : I) was in fact complied with by the employer by paying Cheque of Rs. 78,350/- on 10. 2. 2003, during the recovery proceeding. It is a serious matter that the said cheque was bounced. It is also clear from the order dated 5. 4. 2004, passed in Application No. 9 of 2003, that on the basis of Recovery Certificate, Notices were issued by the office of the Collector in Recovery proceeding which were duly received by the employer. Thus, it is absolutely clear that the appellants were in know of the impugned recovery order dated 16. 4. 2001 (Annexure : B) passed by the Labour Court since long.

( 3 ) HOWEVER, by suppressing all these material facts, on 10. 2. 2003, after a period of almost 2 years of passing of the the impugned recovery order dated 16. 4. 2001, the employer filed Application No. 9 of 2003 for setting aside the so called ex-parte o