VINODCHANDRA NATWARLAL MUTTHA Vs. KHEDBRAHMA MATAJI MANDIR TRUST

JUDGEMENT

(1.) CHALLENGE in this petition is made to the award passed by the Labour Court, Himatnagar dated 23.01.2013 in Reference (LCH) No.812 of 1996, whereby the Reference came to be rejected. The petitioner the workman had approached the Labour Court with the grievance that the action of the respondent Management, of discontinuing his service as Clerk -cum -Secretary with effect from 12.10.1995, vide communication dated 13.10.1995, was illegal and arbitrary.

(2.) LEARNED advocate for the petitioner has drawn the attention of the Court to the letter dated 13.10.1995 written by the Management purported to be in continuation of the resolution dated 12.10.1995 that, since the services of the petitioner are not required, he stands relieved with effect from 20 -45 hours of 12.10.1995. It is stated that apart from the other contentions, on the basis of this document alone, the Reference ought to have been allowed.

(3.) ON the other hand, Mr.Girish M.Das, learned advocate for the respondent, the Management of the Khedbrahma Ambika Mataji Trust, Khedbrahma, District Sabarkantha has contended that, no appointment order was issued to the petitioner. Further, he was permitted only permissive entry, without any legal basis and though he is continued for about 30 years like this, that would not confer any right in his favour. It is further contended that when he was engaged in service, his father was Trustee and thus, there was nepotism in engaging him. It is further stated that there was misconduct on the part of the petitioner, including allegation of theft, which resulted in loss of confidence of the Management and therefore, no fault could be found in the action of the Management in discontinuing the service of the petitioner. It is further stated that since the petitioner was also having an Electric Shop, it cannot be said that he was in the employment of the present respondent Temple Trust. It is contended on behalf of the respondent that no interference be made by this Court.