GENERAL EMPLOYEES UNION Vs. AMBASSADOR SKY CHEF

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India is directed against an Award dated 17th December, 1988 made by the 1st Labour Court, Bombay, in Reference (IDA) No. 376 of 1983 under section 10 (1) read with section 12 (5) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act" ).

(2.) THE first respondent is a division of a limited company known as "narang International Hotel Pvt. Ltd. ", which exclusively carries on the business of catering for airlines. The petitioner is a registered trade union, which represents the workmen employed by the first respondent. The petitioner has filed the present writ petition on behalf of one Salvador Vaz, an ex-employee of the first respondent (who shall hereinafter be referred to as "the workman" ).

(3.) THE workman joined the service of the first respondent on 1st January, 1978 as a Hamal in the Washing Department of the first respondent. The main work carried out in the Washing Department is the washing and cleaning of utensils and cutlery used in the catering work. Some time in 1981, the workman came to be promoted as Head Hamal of the Washing Department. As Head Hamal, apart from doing work as a Hamal, he was also required to get the work done from his co-workmen. His last drawn wages were Rs. 906/- per month. On 18th March, 1982, the service of the workman was terminated by a written order, which reads :