DILIPBHAI MANEKLAL VYAS Vs. TORRENT POWER LIMITED

JUDGEMENT

(1.) Challenge in this petition is made by the employee to the common order passed by the Industrial Court, Ahmedabad in Appeals (IC) No.15 of 2012 and No.04 of 2013 dated 10.01.2014. The said appeals were against the order passed by the Labour Court, Ahmedabad in T. Application No.88 of 2011 dated 23.03.2012. Appeal No.15 of 2012 was filed by the employee and Appeal No.04 of 2013 was filed by the employer.

(2.) The initiation of the present proceedings before the Labour Court [in T. Application No.88 of 2011] was pursuant to the order of Honourable the Supreme Court of India in SLP (Civil) Nos. 24173 24174 of 2007 dated 26.08.2011 [which is quoted in para:7.5 below]. The subject matter of the said SLPs was the judgment and order passed by this Court, in Special Civil Application No.2113 of 2003 dated 13.01.2006, and in Letters Patent Appeal No.1205 of 2006 dated 18.06.2007. The subject matter before this Court in the said petition and the appeal was the orders passed by the Laour Court and Industrial Court, pertaining to an issue, as to whether the action of the employer of discontinuing the service of the petitioner from the post of Security Inspector [the lower post] in the year 1992, was legal or otherwise. The subject matter before the Labour Court in the present proceedings i.e. in T. Application No.88 of 2011 was the discontinuance of service of the petitioner vide order dated 27.02.2003, from the post of Section In-charge [the higher post], on which the employee had already cleared the probation period satisfactorily and was confirmed also way back on 29.12.1997. The employer had projected the discontinuance of service of the petitioner from the higher post of Section In-charge as the consequence of the order passed by the Industrial Court in Review Application, pertaining to the service of the petitioner on the lower post i.e. Security Inspector.

(3.) Heard the petitioner in person and Mr.Mihir Joshi, learned senior advocate for the contesting respondent employer. Both the sides have extensively taken this Court through the material on record, more particularly the orders passed by the Labour Court and the Industrial Court from time to time, and also that of this Court and the Honourable the Supreme Court of India, reference to which is made hereinafter.