CHRISTI SAHITYA PRASARAK Vs. BHASKAR S GAIKWAD

JUDGEMENT

(1.) This petition arises from the Award-Part I passed by the Labour Court at Mumbai on 23.7.1995 in Reference (IDA) No. 225/ 1986. By the said Award, it has been held by the learned Judge of the Labour court that the reference was maintainable and the issue raised by the management that the respondent was not a workman within the meaning of section 2 (s) of the Industrial Disputes Act, 1947 (for short, the Act") , has been answered against it.

(2.) The petitioner is a public Charitable Trust as well as a Society registered under the Bombay Public Trusts Act, 1950 and the Societies Registration Act, 1860. It is running and managing a number of book shops for promoting christian Literature in particular but the Literatures at large in general. The respondent came to be appointed in the month of February 1964 by the petitioner as a clerk-cum-salesman. After about 19 years of service, he came to be promoted to the post of Acting Manager by an order dated 13.9.1983 and was given charge of the book shop at Mumbai. He was served with a charge-sheet on 20. 4.1984 and a departmental enquiry was conducted into the said charges. The Enquiry Officer has submitted his report on 26.11.1984 and held the workman guilty of the charges levelled against him. Consequently, by an order dated 13.12.1984 the respondent came to be dismissed from service. He raised industrial dispute in support of his demand for reinstatement in service with full back wages and continuity in service on the ground that the said order of dismissal was illegal and void ab initio. The said demand came to be referred for adjudication in Reference (IDA) No. 225/1986.

(3.) In the impugned Award-part I, the following three issues came to be decided as preliminary issues and answered accordingly: