( 1 ) HEARD learned Advocate Mr. YV Shah for the petitioner and Mr. Varun K. Patel for the respondent Management.

( 2 ) HOW the legal process has been misused by the party, this is the clear example thereof. Initially, dispute was raised by the petitioner before the labour court in reference no. 131 of 1994 wherein the labour court has set aside the termination dated 1st October, 1993 but since the respondent establishment had been closed, labour court has not granted order of reinstatement but granted only back wages for interim period by order dated 7. 9. 2003. Said award was published on 30. 9. 2004 and thereafter, recovery application was filed by the petitioner wherein employer had not remained present and ultimately labour court in absence of the employer, by order dated 30. 4. 2003, granted amount against the employer to be recovered from the employer under the provisions of the Land Revenue Code by the Collector, Surendranagar District and recovery certificate was also issued by the labour court, Surendranagar. Thereafter, petitioner had approached this court by filing SCA No. 7307 of 2004 with grievance that the district collector is not taking any steps for recovering the

Click Here to Read the rest of this document