UNITED COOPERATIVE BANK LTD Vs. NAYAN R MODI

JUDGEMENT

(1.) The petitioner, the Respondent in Appeal (I.C.) No. 7/1995 from the Court of Industrial Tribunal, Ahmedabad, decided on 16/9/2002 has approached this Court under Article 226 and also under Article 227 of the Constitution of India, challenging the order passed by the Industrial Tribunal allowing the appeal preferred by workman/respondent herein and quashing & setting aside the order of the Labour Court dated 23/2/1995 in (T) Application No. 362 of 1988, and directing the petitioner to reinstate the workman with continuity of service and with full backwages with cost of Rs.250/-.

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

(3.) Learned advocate for the petitioner contended that the findings of Labour Court ought not to have been interfered with by the Tribunal as the Labour Court being a court of first instance had an access to appreciate the evidence on record based where upon the court came to the conclusion that the apprenticeship of workman was not entitled to invoke provision of Industrial Disputes Act as such in light of the clear provision in form of Section 18 of the Apprenticeship Act 1961.