PRINCIPAL Vs. DHADVI PRATAPBHAI HARJIBHAI

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction to quash and set aside the impugned judgment and award passed by the learned Presiding Officer, Labour Court, Surendranagar dated 20/02/1994 in Reference (LCA) No.242/1994 by which the learned Reference Court has partly allowed the said Reference and has directed the petitioner to reinstate the respondent on his original post as a peon with 60% backwages and continuity of service.

(2.) The respondent raised an industrial dispute challenging his alleged termination by the petitioner on and from 03/07/1994, which was referred to the Labour Court, Surendranagar, which was numbered as Reference (LCA) No.242/1994. The respondent-workman-peon submitted the statement of claim before the lea Presiding Officer, Labour Court, Surendranagar dated 20/02/1994 in Reference (LCA) No.242/1994 learned Labour Court, Surendranagar submitting that he worked as a peon with the petitioner for seven months and was getting Rs.1150/- per month and he has been dismissed from service orally on and from 03/07/1994. The Reference was opposed by the petitioner by submitting that the Reference itself is not maintainable and the learned Labour Court has no jurisdiction considering the dispute between the petitioner and the respondent as the petitioner-School cannot be said to be an "industry" within the definition of "industry" under the Industrial Disputes Act. On appreciation of evidence, the learned Labour Court has partly allowed the aforesaid Reference and directed the petitioner to reinstate the respondent with 60% backwages by observing that the termination / alleged oral termination is illegal and, therefore, the respondent-workman is entitled to Presiding Officer, Labour Court, Surendranagar dated 20/02/1994 in Reference (LCA) No.242/1994 reinstatement with continuity of service.

(3.) Feeling aggrieved and dissatisfied with the impugned judgment and award, the petitioner has preferred the present Special Civil Application under Article 227 of the Constitution of India.