INDO FARM EQUIPMENTS LTD Vs. ANIL KUMAR MEHTA

JUDGEMENT

(1.) The interim award dated 2.3.2009 passed in Reference No. 53 of 2005 titled Anil Kumar Mehta Vs. M/s Indo Farm Equipment Ltd. granting 1/3rd back wages w.e.f. 28.10.2002 till the passing of final award has been challenged in the writ petition.

(2.) The brief facts are that the appropriate Government under Section 10 of the Industrial Disputes Act, 1947 (for short `Act') had made the following reference to the Labour Court :- "Whether Shri Anil Kumar Mehta S/o Shri Ashwani Kumar Mehta Engineer falls under the category of workman keeping in view his nature of duties as defined under section 2-S of the Industrial Disputes Act, 1947? If so, whether his termination from service w.e.f. 28.10.2002 without holding enquiry and without complying the provisions of the Industrial Disputes Act, 1947 is proper and justified? If not, what relief of service benefits and amount of compensation the above aggrieved workman is entitled to?"

(3.) The said reference was registered as reference No. 53 of 2005 before respondent No.2. The respondent No.1 filed his statement of claim alongwith interim relief application before respondent No.2 alleging therein that he was employed as an Engineer to perform clerical and technical work on 14.5.2001. He had drawn last wages at Rs.4000/- per month basic and Rs. 3500/- as allowances. The services of the respondent No.1 were illegally terminated on 28.10.2002 without complying Section 25-F of the Act. 3.