GOVIND VIRABHAI Vs. MANAGER

JUDGEMENT

(1.) The only question which requires consideration and adjudication in this petition under Article 227 of the Constitution of India is, as to whether the rejection of reference recorded by the Chief Judge, Labour Court, Rajkot on 28.11.85 in Reference (LCR) No.844/81, is just and reasonable or not ?

(2.) Since there was an industrial dispute between the Manager of the respondent factory and the petitioner-workman, the Assistant Commissioner of Labour, Bhavnagar by his order dated 12.8.81 made reference to the Chief Judge, Labour Court, at Rajkot as to whether the petitioner is entitled to be reinstated in service of the respondent Company or not, which came to be rejected upon analysis of the facts and evaluation of the relevant proposition of law. Hence this petition.

(3.) The petitioner was employed as workman (fireman) in the Boiler department of the respondent factory. The case of the workman was that he was working for more than 30 years prior to the date of termination of service on 1.11.80. He, inter alia, contended that his termination order came to be passed without notice and without payment of notice priod and other dues and, therefore, the termination of service was illegal and contrary to the provisions of section 25F of the Industrial Disputes Act, 1947.