PARIKH ENTERPRISE LTD Vs. MINESH PREMCHANDBHAI JAIN

JUDGEMENT

(1.) These two petitions are filed against the same award of the Labour Court. First petition being SCA No.13212 of 2017 is filed by the employer challenging the award directing reinstatement of the respondent-workman with 50% back wages. The other petition being SCA No.3693 of 2018 is filed by the workmen and claiming 100% back wages.

(2.) The impugned award is passed by the Presiding Officer, Labour Court No.5, Ahmedabad dtd. 28/11/2016 in Reference (T) Case No.1170 of 2000. It is a case where the respondent-workman joined the petitioner company in 1984 as Plant Supervisor on salary of Rs.350.00 per month and last salary being rupees 7825/-. By letter dtd. 8/4/2000, the respondent, who was, at the relevant time, working as Senior Chemist-cum-Shift-In-charge, came to be terminated on the ground that his services were no more required by the petitioner company. This decision of the petitioner company gave rise to an industrial dispute by the respondent.

(3.) The main contention of the learned Advocate for the petitioner company is that the respondent does not fall in the definition of a workman as contemplated under sec. 2(s) of the Industrial Disputes Act. Learned advocate for the petitioner submitted that the nature of work assigned to the respondent does not fall in the work as specified in sec. 2(s) of the Industrial Disputes Act.