LAWS(BOM)-2008-1-109

RASHTRIYA CHEMICAL AND FERTILIZERS LTD Vs. VISHAL SHARMA

Decided On January 10, 2008
RASHTRIYA CHEMICAL AND FERTILIZERS LTD. Appellant
V/S
VISHAL SHARMA Respondents

JUDGEMENT

(1.) The petitioner/employer being aggrieved and affected by the judgment and Order dated 30th March, 2005 passed by the Presiding Officer, 2nd labour Court, Mumbai, thereby the respondent workman's reference has been allowed and the petitioner has been directed to reinstate the respondent workman to his original post with full back wages and continuity in service. Therefore, the present petition.

(2.) The petitioner is a Government company within the meaning of section 617 of the Companies Act, 1956 (for short, "the companies Act"). The petitioner has a sports complex at its Township and to promote and encourage sports activities use to appoint sportsman/ Trainee on consolidated remuneration.

(3.) On 01/04/1994, the petitioner appointed the respondent as a "sportsman trainee" (Football) on a consolidated remuneration of Rs. 1,500/- per month with effect from 01/04/1994 initially for two years on probation. In the year 1994 itself, the respondent lost his right side eye vision as met with an accident while playing the game. The petitioner has full knowledge of the same. The respondent was playing the football for the petitioner even thereafter. The company team won the various games because of able and effective contribution given by the respondent as a player till 1998. The petitioner has continued and extended the appointment from time to time till the date of termination.