ADMINISTRATOR Vs. PARMAR CHIMANBHAI RAMJIBHAI

JUDGEMENT

(1.) By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 03rd October 2009 passed by the Labour Court in Reference (LCA) No.1650 of 1994 and Reference (LCP) No.536 of 1996, whereby the Labour Court has partly allowed the Reference of the respondent workman and directed the petitioner herein to reinstate the respondent with continuity of service and 20% backwages.

(2.) Being aggrieved by the action of the petitioner in terminating the service of the respondent with effect from 30th September 1989, 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 with continuity of service and 20% backwages.

(3.) Ms.C.M. Shah, 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. It is submitted that the respondent workman had not completed 240 days of service in a calendar year. 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. Hence, present petition.