TOSHNIWAL INSTRUMENTS (MADRAS) PRIVATE LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition has been preferred against the award of Labour Court ordering reinstatement of the 2 nd respondent with continuity of service, backwages and all other attendant benefits.

(2.) The 2nd respondent was employed by Writ petitioner/Management. The 2nd respondent raised the dispute u/s. 2 A (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'Act'). According to him he was appointed as Service assistant under the writ petitioner company. He was laid off from 07.04.1995 to 11.04.1995 and from 07.08.1995 to 05.09.1995. Even though the company has engaged juniors and casual labours to continue the work, with an ulterior motive, to victimise the 2 nd respondent by continuing the layoff, the petitioner company has terminated the 2 nd respondent from service. The termination is illegal and amounts to anti labour and unfair labour practices and violation of principles of natural justice.

(3.) Before the Conciliation officer, the writ petitioner company has falsely filed a reply that the 2nd respondent was given promotion and he abandoned to join duty and therefore there is no question of termination or retrenchment. The action of the management is violative of Sec. 2(oo) and 25-F of the Act. Only with a view to victimise the 2 nd respondent, the promotion was given as supervisor and by which he cannot claim the benefits as worker under Industrial Disputes Act. He has clearly stated that he refused to accept the promotion and willing to work as service assistant.