GERMAN REMEDIES LIMITED Vs. MICHAEL GABRIEL LOPES

JUDGEMENT

(1.) THE petition has been filed by German Remedies Limited, the employer, hereinafter referred to as the employer against one of its employee one Mr. Michael Gabriel Lopes, who will hereinafter referred to as the employee.

(2.) THE petition is directed against the Award given in Reference (IDA) No. 500 of 1987 by the 5th Labour Court at Bombay on 23-2-1995. On and from 7-11-1986, the employee came to be terminated from the services of the employer and answering the reference in the affirmative, the learned Presiding Officer was pleased to direct reinstatement of the employee with full back wages and continuity of service with effect from 7-11-1986. As on the date when the present petition is being disposed of, as per the factual position, the said employee stands retired with effect from 4-1-1997.

(3.) THE action leading to the termination was hardly in dispute save and except the legality and correctness thereof. However, the main contention before the Labour Court was whether the employee is a workman within the meaning of Industrial Disputes Act, 1947. Obviously, in view of the aforesaid conclusion and final order, the trial Court did come to the conclusion that the employee is a workman under the said Act.