KIRITKUMAR KANTILAL SHAH Vs. PRABHATBHAI LALLUBHAI DESAI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 15.04.2002 passed by the Labour Court, in Reference [LCA] No. 802/1998, whereby the Labour Court has directed the petitioner to reinstate the respondent in service with full back wages and other consequential benefits.

(2.) The short facts of the case are that the petitioner herein is a charitable trust registered under the provisions of Bombay Public Trust Act. The petitioner-trust is having a land situated at Survey No. 287. The respondent was vide contract dated 29.03.1997 appointed purely on ad hoc basis, for looking after the said land and was paid yearly remuneration of Rs.5,500/-. Thereafter, service of the respondent came to be terminated w.e.f. 09.10.1997. In view of the same, the respondent raised a dispute, which was ultimately referred to the Labour Court for adjudication being Reference [LCA] No. 802/1998. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court partly allowed the reference with the aforesaid directions. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. From the record it transpires that the petitioner-trust before terminating the service of the respondent had not paid any notice pay or retrenchment compensation. Apart from that no departmental inquiry or charge sheet was issued to the respondent before terminating the services of the respondent. Thus, there is clear violation of the relevant provisions of the I.D. Act. Therefore, the Labour Court has rightly passed the impugned award.