NILESH LAXMIKANT DAVADA Vs. NEW INDIA INDUSTRIES LTD.

JUDGEMENT

(1.) The original petitioner workman in Reference (LCV) No. 451 of 1983 in the Court of Presiding Officer, Labour Court, Vadodara, has preferred this petition under Article 227 of the Constitution of India, challenging the award & order dated 20/7/1993, where under the reference challenging the retrenchment on account of non adherence to the principle of 'last come first go' was rejected and the retrenchment of the workman was held to be just & proper. During pendency of the petition, as the petitioner passed away, his heirs have brought themselves on record for continuing the challenge to the award.

(2.) The facts in brief leading to filing this petition as could be culled from the memo of petition deserve to be set out as under.

(3.) The company put up its stand that the said two employees who have been alleged to be juniors to the petitioner-workman could not have been said to be juniors in any manger as the workmen viz. Ranchhodbhai Gelabhai and Rameshbhai Jivanlal were working in the very department since 1967 as turner-cum-fitter and in the company since 1962 & 1963 respectively. In the department only after automatic machines were brought and when petitioner came to be appointed, both these workmen were in fact carrying out their duties and worked as setter-cum-operator only, but the designation or wages has become insignificant as the retrenchment was to follow on the basis of 'first come last go'. Therefore when the seniority list was prepared and approved the present petitioner workman was shown to be junior to those two employees which had not been objected to in any manner and when the due procedure as laid down and applicable under section 25N I.D. Act was followed the reference was required to be rejected.