SAURASSHTRA CHEMICALS LIMITED Vs. VASHRAM BHURA

JUDGEMENT

(1.) HEARD Mr. Keyur Gandhi, learned advocate appearing for the petitioner, Mr. PS Gogia, learned advocate appearing for the respondents- Contractors and Mr. Champaneri, learned advocate appearing for the respondent workmen.

(2.) THE present petition is filed challenging the award dated 13.08.2002 passed by the Labour Court, Junagadh in Reference (LCJ) No. 347 to 349 of 1990 whereby the labour court directed the petitioner company to absorb the respondents no. 1 to 3 on its roll with continuity of service.

(3.) MR . Keyur Gandhi, learned advocate appearing for the petitioner company submitted that the Labour Court totally overlooked the fact that the reference which was referred was qua the reinstatement of respondents no. 1 to 3 and not of absorption on the company's pay rolls. He submitted that, therefore, by directing the petitioner company to absorb the said respondents on its roll is nothing but travelling beyond the scope of the terms of reference for which the Labour Court has no powers in the light of the settled legal position as well as provisions of the Industrial Disputes Act.