CAMPARI EXPORTS PVT. LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) In the present petition, the challenge is to the Award passed by the Labour Court dtd. 25/4/2018, a copy of which has been appended as Annexure P-4.

(2.) Learned counsel appearing on behalf of the petitioner argues that the reference was raised by the respondent-workman, namely, Phool Chand Mishra, wherein, he claimed that he was appointed as a Production Manager with the petitioner herein on 28/11/2014 and he was drawing a salary of 70,000/- per month and his services were Rs.illegally terminated on 15/5/2016. The said Phool Chand claimed that his services were wrongly terminated in violation of Industrial Disputes Act, 1947 (hereinafter referred to as '1947 Act') hence, the said termination be set-aside and he be treated in service for all intents and purpose along with consequential benefits.

(3.) Learned counsel for the petitioner submits that though, the Management was proceeded ex parte during the proceeding before the Tribunal but still, on the basis of the facts and evidence brought on record, the Labour Court was required to furnish the finding on solid grounds that the respondent is a workman and is entitled for the benefit under 1947 Act and there was a violation of the provisions of 1947 Act while terminating the services of the workman. Learned counsel further submits that no such finding has been recorded in the said impugned Award and in the absence of fulfillment of necessary requirement for claiming relief under 1947 Act including that the respondent is a workman and should have completed 240 days in service in Calendar year prior to termination so as to claim that there is a violation of the provisions of 1947 Act, yet the benefit has been granted by the Labour Court in its order impugned, which is incorrect.