GRUH FINANCE LTD Vs. JAYANTILAL KESHAVLAL SOLANKI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, petitioner has prayed for an appropriate writ, direction or order quashing and setting aside the judgment and award dated 25.03.2003 passed by the Labour Court, Ahmedabad in Reference (LCA) No.1398/1993, by which the Labour Court has partly allowed the said reference directing the petitioner to reinstate the respondent with 50% back wages and with continuity of services.

(2.) Though the matter was called out twice, on both the occasions, learned advocate appearing on behalf of the respondent has chosen to remain absent. It is reported that despite the fact that interim relief was granted by this Court subject to section 17B of the Industrial Disputes Act, the respondent has never filed any affidavit that he is not gainfully employed nor he has reported for duty. Therefore, it appears that respondent is as such not interested and he must have been employed elsewhere.

(3.) Even otherwise, considering the fact that the respondent was appointed as sweeper/peon on a fixed term work contract on payment of consolidated/lump sum amount for the sweeping and moping the office premises before the office hours and he worked for the period from January 1990 to November 1990, from December 1990 to December 1991, January 1992 to July 1992 and August 1992 to September 1992, it appears that the Labour Court has materially erred in holding that there is breach of Section 25F of the Industrial Disputes Act. Considering the said fact, it appears that the case should be governed under section 2(oo)(bb) of the Industrial Disputes Act. Under the circumstances, the impugned judgment and award passed by the Labour Court cannot be sustained and the same deserves to be quashed and set aside.