SHARAD CONSTRUCTION PVT LTD. Vs. SHAH ALPESH DINESHCHANDRA

JUDGEMENT

(1.) In present petition the petitioner company has challenged award dated 31.12.2005 passed by learned Labour Court, Bharuch in Reference (LCB) No. 141 of 1998 whereby the learned labour Court directed the petitioner company to reinstate the respondent on his original post and to pay backwages @ 50%. Feeling aggrieved by the said award and direction the company has taken out present petition.

(2.) So as to consider and appreciate the dispute and controversy in the matter, it is necessary to take into consideration the factual background involved in present case.

(3.) During the proceedings before learned labour Court the respondent examined himself and his evidence was recorded at exhibit-8 whereas the petitioner company examined one Mr. K.D. Shah as its witness whose evidence was recorded at exhibit-17.