JUDGMENT :

M. K. THAKKER, J.

ORDER IN SPECIAL CIVIL APPLICATION NO.14161 OF 2022

1. Rule returnable forthwith. Learned advocate Mr.Varun Patel waives service of rule on behalf of the respondent.

2. Since the issue raised in the these petitions are similar, they are being decided by a common judgment. Facts of Special Civil Application No.14161 of 2022 is taken for consideration of the disposal of these petitions.

3. This petition is filed under Article 226 and 227 of the Constitution of India challenging the order dated 16.12.2021 passed in Miscellaneous Application No.12 of 2019 in Reference (L.C.R.) No.72 of 2018 by the learned Presiding Officer, labour court, Rajkot allowing the restoration application under Rule 26 A of the Industrial Disputes (Gujarat) Rule, 1966 and restoration of the reference being Reference No.72 of 2018 to its original file.

4. It is the case of the present petitioner that the petitioner was appointed on the post of Area Sales Manager with respondent No.2 Company vide appointment letter dated 15.03.2018 and the petitioner has joined respondent No.2 Company on 09.04.2018. At the time of appointment, petitioner was made to understand that he has to travel around