NAVNIL FOUNDRY AND ENGG WORKS Vs. LAXMANJI BHAYIJI

JUDGEMENT

(1.) HEARD learned advocate Mr.C.G.Govindan for learned advocate Mr.A.K.Clerk on behalf of petitioner and learned advocate Mr.A.Y.Pathan for respondent.

(2.) IN present petition, petitioner ? establishment has challenged award passed by Labour Court, Ahmedabad in Reference No.1317 of 1985 dated 24.4.2001 whereby Labour Court, Ahmedabad has given compensation in stead of granting relief of reinstatement and back wages in favour of workman of Rs.25,000/-.

(3.) LEARNED advocate Mr.A.Y.Pathan appearing on behalf of respondent submitted that Labour Court has rightly granted ad-hoc amount being a compensation in lieu of relief of reinstatement and back wages of Rs.25,000/-. For that, Labour Court is having jurisdiction under Section 11A of the I.D.Act,1947. He submitted that Labour Court has rightly examined matter and come to conclusion that petitioner establishment has not proved charge Nos.2 and 3 against respondent and only charge No.1 was found to be proved which permits such person (eunuch) to enter in the establishment without obtaining prior permission and that person mis-behaved with officers of petitioner establishment. Therefore, he submitted that Labour Court has come to conclusion that said charge cannot consider to be a serious charge which required punishment of dismissal. Therefore, lumpsum amount has been rightly granted. For that, no interference is required by this Court.