SABIRBHAI GANIBHAI BEAWARWALA Vs. KHEDAWALA CALENDAR FACTORY

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 impugned judgment and award dated 30.01.2010 passed by the Industrial Court in Appeal (IC) No. 33/2007, by the the learned Industrial Court Appellate Court has allowed the said Appeal preferred by the respondent and quashed and set aside the order passed by the Labour Court, Ahmedabad in T Application No. 792/2002 dated 08.02.2007.

(2.) THE facts leading to the present petition in nut -shell are as under:

(3.) SHRI Chaudhary, learned advocate appearing on behalf of the petitioner has vehemently submitted that the Industrial Court has materially erred in allowing the said Appeal by holding that the duties performed by the petitioner was of managerial in nature and therefore, he cannot be said to be workman. It is submitted that finding given by the Industrial Court is contrary to the evidence on record and/or misinterpretation of the evidence on record. It is submitted that as such in the cross, it is not the case on behalf of the petitioner that he was having any authority to issue memo and/or to take disciplinary action against other workmen. It is submitted that as such onus is upon the management to prove that petitioner was performing the duties of managerial nature. It is submitted that in the present case, the respondent management has failed to adduce any documentary evidence to establish and/or to prove that the petitioner was performing duties of managerial nature. Therefore, it is submitted that the Industrial Court has committed an error in quashing and setting aside the judgment and award passed by the Labour Court No. 10, Ahmedabad in T Application No. 792/2002. By making above submission, it is requested to admit/allow the present petition.