SITARAM VISHNU SHIRODKAR Vs. ADMINISTRATOR GOVERNMENT OF GOA

JUDGEMENT

(1.) This is a petition under Arts. 226 and 227 of the Constitution of India for quashing the order of reference made the Award respondents Nos. 1 and 2 and to quash the Award passed by the respondent No. 3.

(2.) The petitioner runs an establishment namely a restaurant under the name and style "Cafe Real" at Panaji, Goa. It is registered under the Shops and Establishments Act. The respondent No. 4 was in the employment of the petitioner since the year 1973. Admittedly, since 1st March, 1978, the respondent No. 4 did not report to duty. A dispute was then raised, for the first time, about 6 months thereafter on 26th September, 1978 by the respondent No. 4 and the conciliation proceedings were held by the Assistant Labour Commissioner in respect of the alleged dispute. The contention of the respondent No. 4 was that he was removed from the service. Whereas the contention of the petitioner was that he used to remain absent from duty without any prior intimation and he abandoned the job from 1st March, 1978 and never turned up. During the conciliation proceedings, the petitioner submitted that in case the workman was not interested, he would be paid his gratuity, leave wages, if any, and other legal dues.

(3.) Thereafter it appears that on 15th December, 1978 between the representatives of the employer and the employee, certain terms of settlement were worked out, but, the respondent No. 4 refused to accept those terms. The conciliation proceedings having ended in a failure, the reference in question was made by the Government of Goa, Daman and Diu under S. 10(1)(d) of the Industrial Disputes Act, 1947 for adjudication to the Industrial Tribunal.