ESSAR PROJECT LTD. Vs. N.D. JAGDISHWARA

JUDGEMENT

(1.) Challenge in this petition is made to the award passed by the Labour Court, Jamnagar dated 09.03.2005 in Reference (LCJ) No.404 of 2001, whereby the respondent is ordered to be reinstated in service with continuity of service and with full back wages.

(2.) Heard learned advocates for the respective parties.

(3.) Mr.Nisarg Desai and Mr.Keyur Gandhi, learned advocates for the petitioner has submitted that the respondent was not a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 and therefore the reference itself was not maintainable. It is submitted that, this point was specifically raised before the Court below and issue was also framed in that regard. It is submitted that the Labour Court has committed error in holding that the respondent was a workman. Additionally, it is submitted that the Company had not committed any illegality while discontinuing the service and therefore the impugned award be interfered with. Learned advocate for the petitioner Company has further submitted that for this period of more than a decade the respondent had not vacated the accommodation which was provided to him while he was in employment, which has landed the Company in separate litigation with the landlord, which is not the subject matter of this petition. It is further submitted that the respondent has already attained the age of superannuation in the year of 2011 and by this time, the company has already made payment of more than 10 lakhs of rupees to the respondent towards wages under Section 17B of the Industrial Disputes Act. It is submitted that considering the totality, the impugned award be quashed and set aside.