LAWS(BOM)-2024-3-178

BHUSHAN INDUSTRIES Vs. LOHASINGH RAMAVADH YADAV

Decided On March 20, 2024
Bhushan Industries Appellant
V/S
Lohasingh Ramavadh Yadav Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned Counsel appearing for parties, Petition is taken up for hearing.

(2.) By this Petition, Petitioner-Employer challenges the Impugned Award dtd. 4/10/2022 passed by the Presiding Officer, First Labour Court, Mumbai in Reference (IDA) No.184 of 2018. The Labour Court has answered the Reference in the affirmative and has directed Petitioner to reinstate Respondent with continuity of service and full Back Wages with effect from 9/4/2013.

(3.) In a nutshell, facts of the case are that Petitioner is a Partnership Firm engaged in the business of manufacturing of hair pins. Respondent joined services of Petitioner in April 1999 on the post of Painter. It is the case of Respondent that on 8/4/2013, he sought to borrow Rs.2,000.00 from Mr. Nileshwar Bhushan, Partner of Petitioner-Firm for his daughter's treatment. That the Partner refused to lend the amount. That he was not paid salary for the month of March 2013 and April 2013 and from 9/4/2013, Partner of the Petitioner-Firm did not permit him to join the services. This is how, according to the Respondent, his services were terminated on 9/4/2013.