DIGVIJAY CEMENT CO. LTD Vs. ALLABHAI BHIMABHAI PARMAR

JUDGEMENT

(1.) Heard learned Advocate Mr. Harshad K. Patel for the Petitioner and learned Advocate Mr. U.T. Mishra for learned Advocate Mr. T.R. Mishra for the Respondent No.1.

(2.) By this Petition under Articles 226 and 227 of the Constitution of India, the Petitioner has challenged the Order, dtd. 8/4/2008 passed by the Presiding Officer, Labour Court, Jamnagr in Reference (LCJ) No.77/1993 whereby the Labour Court has partly allowed the reference and directed the Petitioner-Company to reinstate the Respondent No.1 through Respondent No.2-Contractor along with 20% Back Wages if the Respondent No.1 is reinstated in service with cost of Rs.500..00

(3.) The brief facts of the case are that the Petitioner-Company is engaged in business of manufacturing various types of cements. Being a Cement Industry, National Cement Wage Board Award is applicable to the Petitioner-Company and the jobs of loading, unloading and packing are permissible to be carried out by the Contractor Labour. The Petitioner is also registered under the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act, 1970').