ASHWINKUMAR SHARMA Vs. GHANSHYAM BUILDERS

JUDGEMENT

(1.) BY way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has inter alia prayed to quash and set aside the judgment and award dated 30th August, 2005, passed by the Labour Court, Bhuj-Kutch in Reference (LCG) No.61 of 1996 [Old Reference (LCR) No.1742 of 1987], whereby the Labour Court rejected the Reference of the petitioner.

(2.) THE facts in brief are that the petitioner raised an industrial dispute on the ground that the petitioner had terminated his services in complete breach of the provisions of the Industrial Disputes Act, 1947. The dispute was numbered as Reference (LCR) No.1742 of 1987, which ultimately came to be renumbered as Reference (LCG) No.61 of 1996 and it was decided by way of the impugned judgment and award. Being aggrieved by the same, the present petition has been preferred.

(3.) AT this stage it would be profitable to produce the provision of section 2(s) of the Act, which reads as under :