GHANSHYAM SHARMA Vs. MANAGEMENT HINDUSTAN MACHINE TOOLS LTD.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated September 17, 1997 of the learned Single Judge, whereby the learned Single Judge modified the award of the Labour Court dated September 21, 1988 directing that the workman (appellant herein) shall not be entitled to the back wages and if the management (respondent -company herein) recruits any casual worker, the appellant would be given the work.

(2.) HAVING carefully scanned the impugned order of learned Single Bench we notice that it has modified the award of the learned Labour Court and after reweighing the evidence adduced before Labour Court. The relevant para of the impugned order of leaped Single Bench reads as under: The finding which has been recorded by the Labour Court that the petitioner was a regular employee is perverse. Even on the basis of the certificate dated 21.10.1978 it is evident that he was only a casual helper. A person who; is attending the services casually could be directed to be reinstated in the same position in which he was before the retrenchment. I am not going on that point as to whether it was a voluntary abandonment by the workman or not taking the workman on service by the employer. The fact remains that the employee of the casual workman was stopped after the settlement with the union. The Labour Court in such a circumstances at most could have directed that he could be taken as a causal helper when there is a need by the employer. In the certificate dated 21.10.1978, it is mentioned that he was a casual helper at the rate of Rs. 5/ - per day. Thereafter he is running a shop. The back wages from 17.9.1977 to 18.7.1987 have not been given, but he was directed to be taken as a helper from 19.12.1981.

(3.) FOR these reasons, we allow the special appeal and set aside the impugned order. We uphold the award dated September 21, 1988 passed by Labour Court, Jaipur and direct the respondent -company to implement the award forthwith. There shall be no order as to costs.