GUJARAT POLLUTUION CONTROL BOARD Vs. PANKAJKUMAR VISHNUPRASAD TRIVEDI

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the judgement and award dated 15.2.2002 passed by the Labour Court, Ahmedabad, in Reference (LCA) No. 2231 of 1988 whereby the Labour Court partly allowed the Reference and directed the petitioner to reinstate the respondent in service with 60 per cent back wages.

(2.) THE facts of the case, in brief, are that the respondent was initially appointed as Field Assistant on purely ad hoc basis on a temporary project of the petitioner. In the appointment order, one of the conditions was that his services can be terminated at any time without any notice. He had intermittently worked upto 31.3.1986. Thereafter, again by order dated 26.5.1986 the respondent was engaged and he worked upto 1.10.1987. His services came to be terminated from 1.10.1987 by the petitioner orally without any notice. He raised industrial dispute before the Labour Court, Ahmedabad. Statement of claim was filed by the workman. The petitioner denied the statement of claim by filing written statement. The Labour Court, after considering the evidence on record, passed the award as aforesaid. Hence the petitioner is before this Court.

(3.) LEARNED counsel Mr. Desai for the respondent workman has supported the order of the Labour Court and submitted that the finding arrived at by the Labour Court is just and proper. The petitioner has not produced any document on record to prove that the workman was engaged for a fixed period. Even no documents were produced to show that the workman has not worked for 240 days. The finding arrived at by the Labour Court regarding Section 2(oo)(bb) of the Industrial Disputes Act is appropriate and no interference is called for by this Court with the order of the Labour Court.