STATE OF GUJARAT Vs. ALLARAKHA VALIMOHMMAD

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 20th August 2001 passed by the Labour Court, Junagadh in Reference (LCJ) No.21 of 1998, whereby the Labour Court has partly allowed the Reference of the respondent workman and directed the petitioner herein to reinstate the respondent without any continuity of service and backwages.

(2.) Being aggrieved by the action of the petitioner in terminating the service of the respondent with effect from 25th June 1996, the respondent herein raised a dispute which ultimately culminated into a Reference before the Labour Court. After hearing both the sides and after considering the evidence on record, the Labour Court partly allowed the Reference of the respondent directing the petitioner herein to reinstate the respondent without continuity of service and backwages.

(3.) Mr.K.P. Raval, learned advocate for the petitioner, has submitted that the judgment and award passed by the Labour Court is unjust and improper. It is submitted that the petitioner does not fall under the definition of industry. Further, the activities of the petitioner were purely temporary in nature. It is submitted that at the relevant point of time, the work was not available with the petitioner. Further, the respondent was called as and when the work was available and he was only a casual labourer. Therefore, the impugned judgment and award is bad in the eye of law and the same deserves to be quashed and set aside. Hence, present petition.