ORDER :

1. In the present writ petition, the petitioner has challenged the order dated 04.10.2010 in Recovery Application No.27 of 1997 passed in Misc. Application No.19 of 2012. The prayer clause WILL suggest that the writ petitioner has challenged the order dated 04.10.02010 by filing the writ petition here in the year 2021.

2. The facts giving rise to the present petition are that the respondent-workman is working as a driver with the petitioner Municipality from 01.07.1986. He had filed Recovery Application No.27 of 1997 before the Labour Court at Bhuj for getting the differences of pay between the post of a driver and a labourer under Section 33C(2) of the Industrial Disputes Act, 1947, (the ID Act). It was the case of the respondent No.1, that though he is working as a driver, he was being paid the salary of a labourer. The Labour Court at Bhuj allowed the recovery application by an order dated 04.10.2010.

2.1 Learned advocate Mr.Mankad appearing for the petitioner-Municipality has submitted that the aforesaid award was passed ex-parte, and without authority of law, hence the Municipality challenged the same by filing Special Civil Application No.15422 of 2010, which was dispose