NAVIN FLUORINE INTERNATIONAL LTD. Vs. MITHYA DEVJIBHAI TEJAVATH

JUDGEMENT

(1.) THIS petition is directed against the judgement and award dated 09.11.2011 passed by the Labour Court, Surat as well as the Notice of the Labour Court dated 11.09.2012 in the Recovery Application No. 24 of 2012.

(2.) The facts of the case are that the proprietor of M/s Parul Services Pvt. Ltd was granted license under Contract Labour (Regulation and Abolition) Act, 1970 dated 13.11.1995 by the office of the Licensing Officer to manage and administer the affairs at the canteen of the petitioner company which was renewed from time to time. On 06.06.1996, the respondent No.1( deceased) was terminated from the service of the petitioner company by the Contractor of the petitioner company. The Additional Labour Commissioner referred the matter to the Labour Court, Surat for adjudication and the dispute culminated into a Reference being ( L.C.S.) No. 506 of 1996. The Labour Court, after considering the evidence, passed the impugned award dated 09.11.2011 whereby the Labour Court, Surat awarded an amount of Rs. 1, 56, 000/ as lumpsum compensation in lieu of reinstatement though the findings of the Labour Court are that the canteen was given on contract basis to the Contractor.

(3.) Learned advocate for the petitioner contended that the petitioner company was principal employer and the respondent no. 1 was the employee of the contractor and the canteen was given on contract basis and therefore, there is liability of contractor to pay the compensation to the respondent No.1. He further submitted that respondent no.1 was not paid salary directly by the petitioner company. He further submitted that the Labour Court ought not to have proceeded in absence of contractor being joined as a party in the litigation. .