J R JUGELE Vs. SITABAI ATMARAM

JUDGEMENT

(1.) THE petitioner had challenged the award of Labour Court dated 30-7-1979 on various grounds.

(2.) THE petitioner was a Railway contractor and he had taken contract of loading and unloading of coal and collecting cinder with the South Eastern Railways for a period of one year. The petitioner had engaged labourers for collecting cinder form ashes and he used to supply labourers at the rates fixed by the Railways. That the respondent Sitabai Atmaram was working as a coolie with the petitioner, the immediate employer. The respondent alleged that her services were terminated on 16-1-1977 by the petitioner and hence she raised industrial dispute regarding her dismissal before the Conciliation Officer. Deputy Commissioner of Labour, Nagpur. Under the powers conferred on him by the Maharashtra Government, the Deputy Commissioner of Labour, Nagpur referred the following dispute to the Labour Court, Nagpur;

(3.) THE petitioner resisted the claim of the respondent No. 1 on many ground including the ground that the reference was not competent and the Labour Court had no jurisdiction, as the appropriate Government was the Central Government. Oral and documentary evidence was adduced. The learned Labour Court had adjudicated the dispute and passed an award on 30-7-1979. The learned Labour Court has held that the order of termination of respondent No. 1 by petitioner was illegal. Some monetary relief was granted but the relief of reinstatement was not granted, because the contract period was only for a year. The learned Labour Court has held that the reference was competent as there was a dispute in between the respondent No. 1 and petitioner, the immediate employer. The learned Labour Court also held that had the dispute been raised by the respondent No. 1 with Railways, the principal employer, then the reference by Central Government would have been competent. This reasoning does not appear to be sound. Apparently there is error.