BARODA ELECTRIC METERS LTD Vs. MAKANBHAI KANJIBHAI MAKWANA

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, Anand in Reference (LCA) No. 816/1992 dated August 25, 1999, whereby, the reference preferred by the Respondent-workman was allowed and the Petitioner has been directed to reinstate the workman on his original post with continuity of service and full back wages.

(2.) Mr. D.G. Chauhan, learned Counsel for the Petitioner, submitted that the Respondent was appointed as a temporary Cook by the Secretary of the Consumer Society run and managed by the employees of the Petitioner-Company and that there never existed a master servant relationship between the Petitioner-Company and the Respondent. He further submitted that the Court below has also failed to appreciate the fact that the Respondent was gainfully employed and that he was earning '. 375/- per month as salary from the Petitioner-Company. He has, therefore, submitted that the impugned award passed by the Court below deserves to be quashed and set aside.

(3.) Mr. M.N. Devnani, learned Counsel for the Respondent, submitted that the Manager of the Petitioner-Company was the Ex-officio Chairman of the Society, which was running the said Canteen. He further submitted that the Canteen was situated in the factory premises and that all the expenses of the Canteen were borne by the Petitioner-Company. Therefore, the Court below has rightly concluded that it was a statutory Canteen run and managed by the Petitioner for the benefit of its employees. Hence, the impugned award passed by the Court below may not be interfered with.