JETHABHAI DEVA SHINGARKHIYA Vs. JALARAM SEVA SAMITI TRUST

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, seeking direction to quash and set aside the award dtd. 13/4/2022 passed by Labour Court, Junagadh in Reference (T) No.72 of 2016, wherein the Reference seeking reinstatement with back wages, was rejected.

(2.) Facts, in brief, are as under: The petitioner was working as Watchman with the respondent-Trust and terminated on 20/8/2016. For the said termination, complaint was lodged under the provisions of the Industrial Disputes Act ,1947 (For short "the Act"). Upon non- resolution of the said complaint, the dispute was referred to Labour Court, Junagadh, where it was registered as Reference (T) No.72 of 2016. It was case of the petitioner before Labour Court that as the petitioner had worked continuously with respondent-trust and activities of the respondent- trust are in the nature of Industry, he is entitled for the benefits under the provisions of the Act. Since, the Labour Court, Junagadh had rejected the Reference, present petition is filed.

(3.) Heard learned advocate Mr.Aakash D. Modi for the petitioner. He submitted following: