SERVICES AUTO Vs. VISHVANATH KANTILAL SHRIMALI

JUDGEMENT

(1.) The petitioner is a partnership firm duly registered under the Indian Partnership Act. This is a petition by the petitioner-employer being aggrieved by the judgment and award of the Labour Court, Ahmedabad, Dated: 06.06.2006, passed in Reference (LCA) No. 738 of 1997, whereby, the Respondent-workman has been given the reinstatement with continuity of service so also with 25% backwages.

(2.) The Reference was made by the Asst. Labour Commissioner, Ahmedabad, under Section 10(1) of the Industrial Disputes Act (for short, 'the ID Act'), 1947.

(3.) The brief facts of the case are as follows; The petitioner-firm is an authorized service station of Maruti Udyog Ltd., running a service station for service of Maruti cars. The petitioner is also said to have sent the respondent for necessary training. It is averred by the Respondent that in the month of November/December, 1996, he inquired about the status of his Provident Fund and other benefits. Annoyed by such an inquiry by the Respondent, the petitioner terminated his services without issuing him any notice or paying notice pay or retrenchment compensation. Further, the amount towards gratuity and overtime have also not been paid to him. The Respondent, therefore, challenged the order of his termination dated 28.01.1997. The dispute was taken before the Asst. Labour Commissioner, who made a Reference under Section 10(1) of the ID Act.