MANAGEMENT OF S AND S POWER S AND S POWER SWITCHGEAR LTD Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) THOUGH the miscellaneous petition is listed today, by consent of the learned counsel for both sides, the writ petition itself is taken up for final disposal.

(2.) CLAIMING himself to be a workman, the second respondent herein has raised an industrial dispute against the petitioner herein before the first respondent challenging the order of termination of his service. The first respondent has conducted an enquiry in I.D.No.162 of 1993 and after full fledged trial, passed an award dated 14.05.1999 thereby directing the petitioner herein to reinstate the second respondent in service with 50% of the backwages, continuity of service and other attendant benefits. Challenging the said award, the petitioner has come forward with this writ petition seeking to quash the same.

(3.) IN this writ petition, the petitioner contends that the second respondent is not a workman and the finding given by the first respondent is not correct. It is further contended by the petitioner that the first respondent has failed to appreciate both the oral and the documentary evidence in a proper perspective manner. It is also contended that the first respondent has wrongly approached the case as if the burden of proof is on the petitioner to prove that the second respondent is not a workman. IN conclusion, the contention of the petitioner is that the proper appreciation of evidence available on record would go to prove that the second respondent is not a workman and therefore, the award of the first respondent is liable to be quashed.