LAWS(GJH)-2012-10-61

CHITRA ELEVATORS Vs. TULSIDHARAN NAYAR BHASKARAN PILLAI

Decided On October 11, 2012
CHITRA ELEVATORS Appellant
V/S
TULSIDHARAN NAYAR BHASKARAN PILLAI Respondents

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) THE petitioner � first party employer in Reference (LCA) No. 31 of 2000 in Labour Court, Ahmedabad has approached this Court under Articles 226 and 227 of the Constitution of India challenging the award and order passed by the Labour Court on 1.11.2003 allowing the reference of the workman and ordering his reinstatement with continuity of service and granted 50% of back wages and Rs.1000.00 towards cost.

(3.) LEARNED advocate for the petitioner contended that the Labour Court has failed in appreciating the position of law under which, there was no basis for arriving at a conclusion that the workman established his claim of being employed by the petitioner. The documentary evidences were sufficient to persuade the Court to hold that the workman was not employed in employment with the petitioner.