BARAD VAJESING RAMBHAI Vs. GUJARAT HEAVY CHEMICALS LTD

JUDGEMENT

(1.) The present Special Civil Application impugns the judgment and order dtd. 24/4/2008 in Reference (LCA) No.100 of 2001 passed by the learned Labour Court, Amreli.

(2.) The factual matrix in the present Special Civil Application is as under:-

(3.) Mr. Umesh Mishra, learned advocate for Mr. T.R.Mishra, learned advocate for the petitioner, submits that the learned Labour Court has erred in classifying the case of the petitioner under Sec. 2(oo)(bb) of the Industrial Disputes Act, 1947 ["ID Act" for short]. He submits that by letter dtd. 10/10/1997, the petitioner was appointed in the respondent company on certain terms and conditions and that the petitioner was on probation in the said company. He submits that instead of confirming the services of the petitioner, the management discontinued the services of the petitioner after the completion of the extension period. He submits that the appointment as trainee technician was an eye wash and that for all purposes, the petitioner was appointed on regular establishment. He submits that, therefore, the action taken by the respondent company terminating the services of the petitioner without payment of retrenchment compensation was in violation of Sec. 25F of the ID Act. He submits that the learned Labour Court ought to have appreciated that in the present case, Sec. 25F of the ID Act was applicable and the termination of the services of the petitioner was illegal and that he is entitled to reinstatement with full back wages and continuity of service. He, therefore, submits that the impugned judgment and order be set aside and the petitioner be granted reinstatement along with full back wages and continuity of service.