CHARAN BHARAT KUMAR TAKHATSINH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) RULE . Shri K.D. Pandya, learned AGP waives service of notice of rule for respondents. With the consent of the parties rule is fixed forthwith. The petitioner -workman has preferred this petition assailing the order of the Labour Court, Ahmedabad, dated 4.1.2008 rejecting Reference (LCA) No. 1258 of 2005. The workman had to raise an industrial dispute as his services were terminated orally on 30.6.2001. The Competent Authority therefore recorded failure in conciliation and referred the matter for adjudication to the competent Court wherein the same came to be registered as Reference (LCA) No. 1258 of 2005. The workman filed statement of claim and the opponents also filed their written statement raising various issues. The Labour Court has framed very general issue and after recording the rival contentions decided that the reference deserves to be rejected and accordingly rejected on 4.1.2008. The same is impugned in this petition.

(2.) SHRI Mankad for the workman contended that the Labour Court has not decided the matter keeping in view the various contentions raised by both the parties, thereby a specific finding on each of the contention. Therefore, the order impugned deserves to be quashed and set aside and the matter deserves to be remanded to the Labour Court for an appropriate adjudication in light of the evidence adduced or that may be adduced hereafter. Learned AGP Mr. Pandya could not controvert or resist the submission made by the Counsel for the petitioner as it could be seen from the award that the main issues have not even been framed much less decided by the Court.