M R S MOTOR SERVICE Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The writ petition is directed against the award passed by the Labour Court dated 15-10-2007 in I.D. No. 123 of 2003. On the industrial dispute raised by the second respondent, the Labour Court under the impugned award, directed for reinstatement of the petitioner with backwages and all benefits. The respondent/management before the Labour Court filed the present writ petition challenging the said award.

(2.) The second respondent was employed under the petitioner as a Mechanic Trainee in 1971 and he is stated to have been orally terminated by the petitioner-management on 20-9-2002 and the last drawn salary of the second respondent was Rs. 2340/- plus daily batta. The second respondent sent a notice on 16-11-2002, for which the petitioner issued a reply on 30-11-2002 stating that the second respondent had worked from 1984 to 1991 only. Therefore, the second respondent raised the industrial dispute. The second respondent has also stated that the petitioner has many other sister concerns including a cinema theatre and the petitioner used to depute the second respondent to work in the cinema theatre also which is under the same management and the petitioner deducted EPF contributions and remitted in the accounts of the cinema theatre.

(3.) In the counter-affidavit filed by the petitioner before the Labour Court it was the stand of the petitioner herein that the second respondent was running a finance business and, therefore, he abruptly stopped from coming to the job from 1993 onwards and after 1993, there was no relationship of employer- employee between the petitioner and the second respondent. It is stated that after the second respondent closed his finance firm in 1998, he again demanded job and since there was no availability of job, the same was denied and it was stated in the reply notice. It was denied that the second respondent was terminated orally from 20-9-2002.