ORAL JUDGMENT

This Court has, by order dated 21.9.2005, ordered to issue fresh notice to petitioner by making it returnable on 13th October, 2005. This notice has been served upon petitioner Dahod Nagarpalika and yet no appearance has been filed on behalf of petitioner and petitioner has also not appeared in person. Earlier also on 1st June, 2004, notice was issued to petitioner to engage advocate in view of the elevation of its Advocate Mr. M.R. Shah as a Judge to the bench of this Court. Said notice was also served upon the petitioner and subsequently fresh notice was also served upon petitioner and yet petitioner has failed to appear either in person or through any advocate. In view of that and also in view of the fact that it is a matter of 1999 wherein award of reinstatement made by labour court in the year 1999 has been stayed by this Court while issuing rule, this Court has taken up this matter for final hearing in absence of petitioner though served since benefit of section 17B of the ID Act, 1947 is is also not granted.

2. Through this petition, petitioner Dahod Nagarpalika has challenged award made by labour court,Godhra in Reference No. 20 of 1990 (Old No. 182 of 1984) da