OPERATION RESEARCH GROUP Vs. J M GATAK

JUDGEMENT

(1.) Special Civil Application No. 6967 of 1997 is fled by the Company, namely, Operation Research Group (now known as A C Nielsen ORG MARG Private Limited) under Article 226 & 227 of the Constitution of India praying for quashing and setting aside the award passed by the Industrial Tribunal, Baroda in Complaint (I.T.) No. 39 of 1996 in Reference (I.T.) No. 605 of 1984 as being illegal, unjust, improper, against the settled provisions of law and contrary to the evidence on record in as much as the same is without authority of law and without jurisdiction on the ground that the petitioner is not an industrial establishment as defined in the Industrial Employment Standing Order Act, 1946 and, therefore, the Model Standing Orders as prescribed under the Act are not applicable to the petitioner.

(2.) The Industrial Tribunal vide its impugned award dated 04.06.1997 had held that the action of the petitioner Company in superannuating the respondent w.e.f. 30.11.1995 is illegal and directed the petitioner Company to reinstate the respondent and to make payment of the wages to the respondent from the date of the award.

(3.) Mr. J.A. Ghatak, the workman has also filed Special Civil Application No. 8750 of 1997 challenging the very same order of the Industrial Tribunal passed on 04.06.1997 in Complaint (I.T.) No. 39 of 1996 in Reference (I.T.) No. 605 of 1984. The petitioner has also prayed for the direction to the respondent Company to permit the petitioner to work till 30.11.1997 and sought further direction to the respondent to pay all arrears of wages for the intervening period of 21 months.