SHIVALIK KNIT POLYFAB P LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Being aggrieved by the award dated September 29, 1997 of the Labour Court, Shimla, the petitioner-company has approached this Court for quashing and setting aside the said award.

(2.) One Ram Swaroop son of Hari Ram was employed by the petitioner-company sometime in the year 1987. He was allegedly discharging the duties and function of a Weaver. His monthly salary was Rs. 600 per month. His services were abruptly and illegally terminated by the petitioner-company with effect from May 18, 1991.

(3.) On an industrial dispute having been raised by the said Ram Swaroop, the matter was referred to the Labour Court under Section 10 of the Industrial Disputes Act, 1947 (for short, the Act). The case set up by the workman Ram Swaroop was that he had organised a Union of workers, which irked the Management since the workers had become alive to their demands. It was further pleaded that on May 10, 1991, his uncle had expired. He, therefore, proceeded on leave from May 13, 1991 to May 17, 1991. On his return on May 18, 1991, he was not allowed to join and instead was given the marching orders.