EXCEL CROP CARE LTD Vs. RAMESHBHAI DHARAMSHIBHAI

JUDGEMENT

(1.) THIS petition is directed against the judgement and award dated 04.02.2005 passed by the learned Presiding Officer, Labour Court, Bhavnagar in Reference ( L.C.B.) No. 146 of 1987 whereby the reference of the respondent came to be partly allowed by directing the petitioner to reinstate the respondent with continuity of service on his original post without backwages.

(2.) THE facts of the case in brief are that in February 1983, during the course of erection of plant, the respondent was engaged on casual basis as Welder. On completion of the erection work, since services of Welder were not required, further employment was not given to the respondent on 10.09.1983. In the year 1984, the respondent initiated proceedings under the Industrial Disputes Act and a Reference came to be made for adjudication by the Labour Court. After adjudicating the matter, the Labour Court passed the award as stated hereinabove. Hence, this petition.

(3.) MR . Mishra, learned advocate appearing for the respondent supported the judgement and award of the Labour Court and contended that the work which was performed by the respondent was on contract basis. Hence, the award of the Labour Court is just and proper.