BRISK SURGICAL COTTON LTD Vs. ANITA V NAIR

JUDGEMENT

(1.) Heard Mr. Patel, learned advocate for the petitioner, and Mr. Bhatt, learned advocate for the respondent workman.

(2.) In present petition, the petitioner company has challenged the award dtd. 30/11/2005 passed by the learned Labour Court, Kalol in Reference (LCK) No. 401 of 1998 whereby the learned Labour Court directed the petitioner company to pay 75% backwages for the period from 8/4/1998 to 31/1/2002.

(3.) So far as the factual background is concerned, it has emerged from the award impugned in present petition that the respondent raised an industrial dispute against his alleged termination in service with present petitioner. The said industrial dispute was referred for adjudication to the learned Labour Court at Kalol. The reference came to be registered as Reference (LCK) No. 401 of 1998. In the proceedings before the learned Labour Court, the respondent herein filed his statement of claim with allegation that he was working with the petitioner company since last two years and he was paid salary at the rate of Rs.37.00 per day and that his service came to be terminated w.e.f. 8/4/1998 without following prescribed procedure in law. The respondent herein alleged that at the time when his service was terminated, the petitioner did not pay retrenchment compensation or any other amount. He also claimed that his service was not terminated for any misconduct and any inquiry was not conducted against him. The respondent claimed that since his service is terminated in violation of provisions under the Act, the direction for reinstatement and backwages should follow.