K.M. Thaker, J.

1. This petition is pending since 2007. Today, when the petition is called out and taken up for hearing, learned advocate for the petitioner is not present. Ms. Nidhi Trivedi, learned advocate for Mr. Dave, learned advocate for the respondent company is present. Having regard to the fact that the petition is pending since more than 10 years, this Court deems it proper to decide the petition on merits, though learned advocate for the petitioner is not present to conduct the petition on merits. For this purpose, this Court has taken into account the facts stated and contentions raised in the petition, the discussion by the learned Labour Court and the material available on record.

2. So far as the factual background is concerned, the petitioner has stated, inter alia, that:-

"3.1 That, the present petitioner was working as a Head Mistry cum Supervisor since 01.09.1982. The present petitioner was also working overtime in opponent company. Beginning of this job the present petitioner was getting salary of Rs. 1500/- per month and Rs. 1000/- commission on preparation and selling of one machine by the petitioner. After some months the opponent company had given fix