BHALCHANDRA J DHIVAR Vs. SHANGVI INDUSTRIES

JUDGEMENT

(1.) The petitioner has filed this petition under Article 227 of the Constitution of India praying for quashing and setting aside the award passed by the Labour Court, Navsari on 15.04.1989 in Reference (LCN) No. 130/1985 whereby the reference was dismissed and it was held that the petitioner was retrenched after having been complied with the provisions contained in Section 25 (F) of the I.D. Act and the demand for reinstatement with back wages was denied.

(2.) It is the case of the petitioner that the petitioner had joined the services of the respondent from 06.12.1978 as a permanent workman and his services were terminated with effect from 01.05.1985 by an order dated 01.05.1985. The termination order did not specify the amount of retrenchment compensation having been offered or paid to the petitioner. The petitioner was not offered or paid the retrenchment compensation as per Section 25 F (b) of the I.D. Act at the time of his retrenchment. The petitioner was also not offered or paid at the time of retrenchment any other compensation, wages of leave, earned leave etc.

(3.) Being aggrieved by the said order of termination dated 01.04.1985, the petitioner raised a dispute about his termination which was referred to the Labour Court, Navsari being Reference No. (LCN) No. 130 of 1985 which was dismissed by the Labour Court by an award dated 15.04.1989 and it is this award which is under challenge in the present petition.