HEMANT SAKHRE Vs. MANAGING DIRECTOR, JYOTI STRUCTURES LIMITED

JUDGEMENT

(1.) Heard. This petition has been brought under Art. 227 of the Constitution of India praying to quash the order of the State Industrial Court, Raipur dtd. 23/10/2008 and direct the respondent to reinstate the petitioners with full back-wages and other benefits.

(2.) The facts of the case are these, that the petitioners were employed as workers of the respondent for about 10 to 12 years working in various departments of the Company. The respondent without giving any charge- sheet and without giving any notice, has terminated the services of the petitioners on 2/1/2006 regarding which, no compensation has been paid to the petitioners. The petitioners then challenged the order of the termination before the Labour Court. The Labour Court vide order dtd. 7/6/2008 has dismissed the prayer of the petitioners, holding that the petitioners were not the employees of the respondent and some of the petitioners before the Labour Court are employed elsewhere. The appeal preferred before the State Industrial Board, Raipur, has been dismissed by the impugned order dtd. 23/10/2008.

(3.) It is submitted by the counsel for the petitioners that the order of the Labour Court dtd. 7/6/2008 is a non-speaking order. Similarly, the order of the Industrial Court has also been passed without assigning proper reasons, therefore, both the orders are erroneous and liable to set aside. It is very clear that the services of the petitioners were illegally terminated on 2/1/2006. Learned Courts below had erroneously held that the application of the petitioners is barred by limitation. The facts clearly establish that the petitioners were engaged through the contractor and they had been working for the respondent since last 10 to 12 years. The facts present are sufficient to hold that the petitioners were employees of the respondent and by not doing the same, learned Courts below have committed error in passing the orders.