NILESH BHOGILAL DAVE Vs. TIKOO TRADERS PRIVATE LIMITED

JUDGEMENT

(1.) The factual profile, the observations of the Labour Court and the remarks repeated in the impugned judgment, dated 27.6.2001, of the learned single Judge in Special Civil Application No.4594 of 2001, and the entire landscape of facts and circumstances emerging from the record of the case with regard to the conduct, manner and mode in which the evidence is sought to be employed by the appellant herein-original petitioner-workman, have not only startled us but, unfortunately, have shattered and tremored our conscience.

(2.) The appellant, invoking the aids of Clause 15 of the Letters Patent, in this appeal, has questioned the legality and validity of the judgment, dated 27.6.2001, of the learned single Judge, whereby, the award of the Labour Court in Reference (LCA) No.220 of 1996 passed on 10.4.2001 rejecting the reference, and has, inter alia, reiterated what was placed before the Labour Court and what was repeated before the learned single Judge.

(3.) The appellant-original petitioner came to be appointed on probation for a period of six months as a Civil Engineer with respondent No.1 by an order of appointment, dated 3.3.1995, and his probation period of six months expired on 5.9.1995. The appellant is hereinafter referred as `the workman' for the sake of convenience and brevity and the respondent as `the employer'.