BABU B KADAM Vs. SAGAR PRINTING PRESS

JUDGEMENT

(1.) BY this petition the petitioner seeks to challenge award of the Labour Court dated February 3, 1989 by which Reference (IDA) No. 659 of 1987 was rejected on the ground that in the statement of claim the workman has not asked for reinstatement and, therefore, the workman was not entitled to reinstatement.

(2.) THE facts giving rise to this petition are as follows:-

(3.) IN the present case, the workman is a very poor person. He has worked for five years. He was a bangle cutter. He has raised the demand for reinstatement with backwages and continuity of service on the ground that his services were wrongfully terminated orally by the employer. Thereafter in the statement of claim along with the various affidavits, the workman has submitted that in the alternative he should be paid compensation as set out hereinabove. In the circumstances, the Labour Court should not have rejected the Reference. The totality of facts indicate that the workman has asked for reinstatement with backwages and continuity of service as also in the alternative for compensation. The Labour Court has taken a very technical view of the matter.