AMULFED DAIRY Vs. DILIPBHAI RAMANBHAI BAROT

JUDGEMENT

(1.) This petition is filed under Article 226 and 227 of the Constitution of India challenging the award passed by the learned reference court in (LCA) No.46 of 2010 dtd. 8/2/2024 whereby, the learned reference court has partly allowed the reference filed by the respondent workman and directed the petitioner to pay the lump sum compensation of Rs.2,00,000.00 in lieu of reinstatement and back wages within a period of 60 days from the date of award, or the petitioner was directed to pay the said amount with interest at the rate of 9%.

(2.) The gist of the case is that the petitioner is running the Dairy and manufacturing and marketing milk and other Dairy products. The respondent has entered with the petitioner employer as a Trainee on 10/12/1994 and thereafter, he was confirmed on the post of Senior Assistant on 15/2/1995 and he was promoted in the Dispatch Department as a Junior Officer on 1/12/2007. It is the case of the present petitioner is that the reference came to be filed before the learned reference court, alleging that the services of the respondent was put an end to on 29/12/2008 without any reasons and without following the due procedure under the Industrial Disputes Act, 1947 (hereinafter referred to as the "ID Act"). The present petitioner appeared before the learned reference court and raised the contentions that the respondent would not fall under the definition of workman and therefore, learned labour court would not have jurisdiction to adjudicate the claim of the respondent. It is contended by the present petitioner that the respondent used to watch prohibited movies in his working hours and therefore, he was asked to give an apology with an assurance that the said act would not be repeated in future, however, instead of doing so, the respondent went on leave on 29/12/2008 and 30/12/2008 and thereafter, resumed for half day on 31/12/2008 and again went on leave. It is contended by the petitioner that the respondent was never terminated as alleged from 29/12/2008 therefore, there is no question of illegal retrenchment as alleged by the respondent. Learned reference court, after considering the evidence adduced has awarded the reference in favour of the respondent by granting lump sum compensation of Rs.2,00,000.00 which is subject matter of challenge before this Court.

(3.) Heard learned advocate Mr.Gandhi for the petitioner and learned advocate Mr.Shah for the respondent.