MAHENDRABHAI M PATEL Vs. METAMAK ENGINEERS

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 25.01.1999 passed by the Labour Court, Ahmedabad in Reference [LCA] No. 1278 of 1985, whereby the Labour Court has rejected the said reference.

(2.) The short facts of the case are that the petitioner joined the services of the respondent on 01.03.1970 in the clerical cadre. It is the case of the petitioner that the respondent had neither given any appointment order nor had given any designation to him. On 18.05.1985, the respondent by way of notice and one month's notice pay terminated the services of the petitioner. Being aggrieved by the said order, the petitioner raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCA] No. 1278 of 1985. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court rejected the said reference. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. It appears that the petitioner was working as a Manager with the respondent. Before the Court below the petitioner has not produced any evidence with regard to his designation and that no witnesses have been examined by the petitioner. Looking to the facts of the case and in view of the fact that the petitioner does not fall within the definition of Section 2(s) of the I.D. Act, I find that while arriving at the conclusion the Labour Court has not committed any illegality which warrants any interference from this Court. I am in complete agreement with the reasonings given and findings arrived at by the Labour Court and hence, do not find any reason to interfere with the same.