OTIS ELEVATOR COMPANY LIMITED Vs. ARJUNBHAI DHULABHAI CHAUHAN

JUDGEMENT

(1.) Heard learned advocate for the petitioner. None is present for the respondent workman.

(2.) The petitioner is a Company duly registered under the Companies Act, 1956. It is engaged in the business of manufacturing elevators and it has a network spread in the entire country. The respondent, as per the say of the Company, was engaged as casual labour at Surat. The workman had never been appointed on permanent post for any specific work. As the workman was appointed as a casual labour as and when work is available he was given work. He was carrying out field work as and when said field work was required at different places. The respondent workman stopped from coming for work from January 1992. Again respondent workman approached for work in the month of June, 1993. He once again stopped coming for work. The workman raised dispute inter alia alleging that his services were terminated without following due procedure of law and provision of section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the I.D. Act' for the sake of brevity). The conciliation failed and the matter was referred to the competent Court. The Labour Court registered it as Reference (LCS) No. 278 of 1993. The Labour Court after recording findings qua its conclusion of workman completing 240 days and blatant disregard to the provision of the I.D. Act, ordered reinstatement with continuity of service and full back wages vide impugned award dated 5.12.2003, which is assailed by the petitioner employer, as it is stated hereinabove under Articles 226 and 227 of the Constitution of India.

(3.) Learned advocate appearing for the petitioner invited this Court's attention to the award and submitted that the Labour Court's award is based upon the surmises and conjuncture which were not assailed before the Labour Court but relied upon by assuming that there was completion of 240 days and on that basis held that there was non compliance of section 25-F of the I.D. Act.