YUNUSKHAN VAZIRKHAN PATHAN Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) BY way of this petition the petitioners have challenged the award dated 17.3.2004 passed by Industrial Tribunal (Central), Ahmedabad, whereby though it was held that the petitioners are workmen under Section 2(s) of the Industrial Disputes Act, 1947, they are not entitled to any relief and the action of the management in terminating the services of the petitioners with effect from 19.9.1991 was held to be justified.

(2.) THE facts of the case are pursuant to the advertisement issued by the respondent on 16.12.1988, the petitioners submitted their application for the post of fitter. The petitioners were called for written test and oral test. Since the petitioners were not found eligible for the post of skilled Artisan, the respondent sought willingness of the petitioners to appoint them as Apprentice Fitter for two years. The petitioners gave their willingness. Therefore, the respondent appointed the petitioners as Apprentice under the Apprentice Act. It is stated by the petitioners that they were taken on actual duty and no formalities as required under the Apprentice Act were not completed. The petitioners, therefore, sought their regularization. However, their services came to be terminated with effect from 19.9.1991.

(3.) LEARNED counsel for the petitioner raised a contention that though the Tribunal held vide its award dated 17.3.2004 that the petitioners are workmen under Section 2(s) of the Industrial Disputes Act, the relief sought by them are not granted and therefore the impugned award is against the settled legal position. He has relied on the following decisions: