POWER SPORTS Vs. VIJAYKUMAR TRIKAMLAL PANDEJI

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Ahmedabad in Reference (LCA) No.252/1991 dated 05.04.2003, whereby, the said reference was allowed and the petitioner has been directed to reinstate the respondent on his original post with continuity of service and full back wages.

(2.) The facts in brief are that the respondent was working a Salesman with the petitioner since May 1988. On 29.07.1990 his services were brought to an end by the petitioner. It appears that on 30.06.1991 the petitioner closed down its business. However, the respondent had raised a dispute, which, ultimately, culminated into a reference before the Labour Court, Ahmedabad. The Labour Court, after hearing both the sides, allowed the reference and issued directions, as narrated in the earlier part of this judgment.

(3.) Heard learned counsel for the respective parties. From the evidence on record, more particularly, the application Ex.20 tendered by the respondent before the Court below as also the deposition of Atulbhai, who was examined as Witness by the petitioner [At Ex.18], it is evident that the petitioner-firm had closed down its business in the year 1991. It is true that in the Written Statement filed by the petitioner-firm in the proceedings before the Labour Court, the said fact was not disclosed. However, the fact remains that the petitioner-firm had closed down its business in the year 1991. Considering the said aspect, it would not be plausible to direct implementation of the impugned award.