CHANDULAL BABUBHAI CHAVDA Vs. CASTECH FOUNDRIES PVT LTD

JUDGEMENT

(1.) By way of this petition preferred under Article 227 of the Constitution of India, the petitioner has prayed to quash and set-aside the award of the Labour Court passed in Reference (LCJ) No.23 of 2013 dtd. 20/8/2018.

(2.) The petitioner has also prayed for a direction seeking reinstatement with the respondent Company with continuity in service and other benefits or for grant of a lump-sum amount of compensation of Rs.6.00 lakh as against Rs.35,000.00 granted by the Labour Court.

(3.) Learned advocate for the petitioner submitted that considering 11 years of service that the petitioner rendered with the respondents, the grant of compensation of Rs.35,000.00 is highly disproportionate. It is submitted that while passing the impugned award, the Labour Court has failed to take into consideration the evidence on record to indicate that the respondent Company has committed breach of Sec. 25 of the Industrial Disputes Act and, therefore also, the Labour Court ought to have granted reinstatement.