IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 6940 of 1999 HON'BLE MR.JUSTICE K.S.JHAVERI ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- ORIENT CERWOOL LTD Versus CHINUBHAI HEMCHANDBHAI THAKKAR -------------------------------------------------------------- Appearance: NANAVATI ASSOCIATES for Petitioner No. 1 MR KISHOR M PAUL for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE K.S.JHAVERI Date of decision: 02/07/2004 ORAL JUDGEMENT 1. Heard the learned counsel for the respective parties. As a result of hearing and perusal of the documents on record, it is found that the Labour Court has not considered some of the crucial documents viz. Exh.32, the notice given by the employer to resume duty dated 31st December 1987 and has not given specific finding regarding the documents and the evidence adduced by the employer. 2. In view of the above, a consensus has been arrived at between the learned counsel for the respective parties to remand the matter to the Labour Court to decide the matter afresh after considering all the relevant documents. 3. On the facts and circumstances case, the petition is partly allowed. The judgement and award dated 31.5.1999 passed by the Labour Court, Surendranagar, in Reference (LCS) No.1123/89, is quashed and set aside. The matter is remanded to the Labour Court to decide the same afresh keeping in mind the observations made hereinabove. The Labour Court shall decide the same within a period of six months from today. It is clarified that the Labour Court shall not allow the party to adduce any further evidence and the matter shall be decided only on merits of the documents already on record. Rule is made absolute to the aforesaid extent with no order as to costs. [K.S. JHAVERI, J.] *ar*