ISHAR DASS GOEL Vs. LABOUR COURT

JUDGEMENT

(1.) ISHAR Dass, petitioner, has approached this court under Arts. 226 and 227 of the constitution of India by filing the writ petition for quashing the award of the labour Court, Amritsar, dated 6 March 1986, by which the Labour Court has held that the petitioner was never the employee of the amritsar District Bakers Syndicate, nor were his services terminated on 1 April 1981, as alleged by the petitioner. As a result thereof, the reference made to the Labour Court, amritsar, was dismissed.

(2.) BRIEFLY stated, in 1961, an association of bakers came into existence in Amritsar under the name and style of Amritsar district Bakers Association, Katra Sher singh, which was later changed to be the amritsar District Bakers Syndicate, Loh Garh, amritsar. To start with, the petitioner remained associated with the association in various capacities and sought election to its various offices but later on became its employee at a monthly salary of Rs. 600. The president of the said Syndicate on 1 April 1981, paid a sum of Rs. 7,4)0 for the period from 1 April 1980 to 31 March 1981, at the rate of Rs. 600 per month, by passing the order, annexure P1, which reads as under :

(3.) BEFORE the Labour Court, the respondent syndicate contested the claim of the petitioner on the ground that the Syndicate was not covered by the definition of "industry" under the Industrial Disputes Act and, therefore, the question of the petitioner being a workman did not arise. On the parity of reasoning, it was further pleaded that there was no question of any termination of services of the petitioner, much less the compliance of the provisions of the Industrial disputes Act.