TEKCHAND KHANCHANDANI Vs. TRIBHUVANDAS DHORIA

JUDGEMENT

(1.) The employer-Tekchand questions the Labour Court award dated 8 June 2006 ('impugned award') which holds that termination of the workman-Tribhuvandas' service with effect from 7 October 1993 is illegal and directs his reinstatement with full back-wages and continuity of service.

(2.) Tribhuvandas claims that he was employed as a Tailor with M/s. Vikas Garments, M/s. Vikas Fashions and M/s. Prakash Garments, proprietary concerns of Tekchand, which were engaged in manufacturer of readymade garments. On 7 October 1993, when Tribhuvandas reported for work, he was physically prevented from even entering into the work premises and told by Tekchand that his employment 'stands terminated'. By this date, Tribhuvandas had completed over three years employment with Tekchand. Around the same time, Tekchand, in a similar fashion 'orally terminated' services of almost 19 workers, 11 of whom are respondents in the connected writ petitions. Tekchand, on his part, has completely denied ever having employed Tribhuvandas, or for that matter 11 other workmen in his factory. Tekchand says that there is no 'employer-employee relationship' and therefore, he is not at all concerned with the workers in these batch of petitions.

(3.) By letter dated 1 November 1993, Tribhuvadas protested against the treatment meted out to him and demanded reinstatement. As there was no response, by the justification statement dated 8 November 1993, Tribhuvandas raised an industrial dispute. The machinery of conciliation was set into motion. Tekchand claims to have sent some reply, but participated no further. Upon conciliation proceedings ending in failure, the appropriate Government, in exercise of powers under Section 10 read with Section 2(A) of the Industrial Disputes Act, 1947 ("said Act") made a reference to the Labour Court, resulting in the impugned award.