MIRZA ALIMOHAMMED HAZUDULLAH Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) The award dated 10.06.2016 rejecting the Reference of the workman in LCM No.905 of 2008 by the Labour Court, Kalol is under challenge in this petition.

(2.) Briefly stated the relevant facts of the case are that the respondent is a Polythene Bag Factory; established by the State and was being supervised by forest officials namely Range Forest Officer and Deputy Conservator of Forest. The object of the factory was to manufacture the polythene bags for the purpose of enabling forest department to preserve the plants nursed in its nursery.

(3.) It appears that the factory was being run in three shifts and owing to financial crunches and its paucity, initially one of its shift was closed and by following the provisions of Section 25-O of the Industrial Disputes Act and 15 workmen who were junior most at the relevant point of time were rendered surplus on 31.03.2001. They however raised an industrial dispute successfully even as it culminated into an award of reinstatement on 08.07.2005, the challenge to which failed in the Special Civil Application and intra-court appeal. It appears that the order of reinstatement complied with on 25.07.2017only after initiation of contempt proceedings and 11 amongst 15 workmen came to be reinstated by accomodating them in a nursery at Mehsana. Rest of four are stated to have accepted the compensation offered by the respondents.