KISHNI DEVI Vs. INDIAN HYDRAULIC INDUSTRIES PVT LTD

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order passed by the learned Single Judge on 3rd January, 2008 whereby the learned Single Judge has partly modified the award passed by the Labour Court.

(2.) THE appellants herein alleged that while they were working as helpers at the monthly salary of Rs. 750/- per month each, their services were terminated by the management illegally and unjustifiably and without following the procedure under section 25-F of the Industrial Disputes Act. They also sought for a reference from the appropriate Government to adjudicate upon the aforesaid aspect regarding their illegal and unjustified termination. The appropriate Government referred the following issue to the Labour Court:

(3.) BEFORE the Labour Court the management took up a stand that there was no woman labour in their factory and that the appellants herein were working as part time sweepers. Their job was to sweep the floors only for two hours a day at the time of opening of the factory and after finishing their work, they used to go back and that they did not work under the supervision of any one. It was also the stand of the management that both the said part time Sweepers stopped coming to office on their own and that they were not employees of the management inasmuch as no appointment letter was issued to them and that they were not even covered by EPF and ESI, although all other employees of the management were covered under such beneficial legislation like Employees Provident Fund and employees State Insurance Scheme. It was, therefore, contended that there was no termination of service as alleged.