ADMINISTRATOR LOK PRAKASHAN LTD Vs. SUNILBHAI HARIPRASAD VORA

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned award dated 15.01.2000 passed by the Labour Court, in Reference [LCA] No. 1305 of 1989, whereby the Labour Court has directed the petitioner to reinstate the respondent workman on his original post with continuous service and full back wages.

(2.) The short facts of the case are that the petitioner is a company registered under the Companies Act, 1956, doing the publication work of newspaper and respondent no. 2 is a trust which publishes magazines. The petitioner and respondent no. 2 both are having legal separate entity. The respondent workman was appointed by respondent no. 2 for selling the publication of respondent no. 2. The respondent workman was retrenched from the service on account of closure of respondent no. 2 w.e.f. 23.01.1989. The respondent workman was paid retrenchment compensation on the closure of respondent no. 2. Thereafter, the respondent workman raised a dispute which was ultimately referred to the Labour Court for adjudication being Reference [LCA] No. 1305 of 1989. Before the Labour Court both the parties adduced evidence and after appreciating the material produced before it, the Labour Court allowed the reference with the aforesaid directions. Hence, this petition.

(3.) Heard learned counsel for the petitioner. The learned counsel for the petitioner states that respondent no. 2 firm is closed and there is nothing on record to show that the respondent workman was an employee of the petitioner. Apart from that the petitioner and respondent no. 2 both are having legal separate entity and therefore, the respndent workman cannot be reinstated in service. Moreover, the respondent workman was paid the retrenchment compensation by respondent no. 2 before the closure of the firm. Looking to the facts of the case and in view of the fact that the respondent workman is not an employee of the petitioner, the impugned award passed by the Labour Court deserves to be quashed and set aside.