SHIVAM MOTORS PVT LTD Vs. STATE OF CHHATTISGARH
HIGH COURT OF CHHATTISGARH
Shivam Motors Pvt. Ltd.
STATE OF CHHATTISGARH
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SATISH K.AGNIHOTRI,J. -
(1.) The present petition under Article 226/227 of the Constitution of India is filed against the award dated 20.5.2002 passed by the Labour Court, Bilaspur in case No. 59/I.D.A./K-111-A/OO (Ref) whereby the Presiding Officer of the Labour Court has directed the petitioner (second party) to reinstate the Respondent No. 3 (first party) in the service on the post of Mechanic w.e.f. 31.8.1999 with full back wages and consequential relief.
(2.) The facts in nutshell are that according to the respondent No. 3 he was engaged/appointed by the petitioner as Mechanic in his company on 1.10.1994. He continuously worked in the petitioner-company for more than 240 days in one calendar year till his services were terminated orally without prior notice an 31.8.1999. While in employment he was getting a salary of Rs. 1150.00 p.m.
(3.) The respondent No. 3 approached the Additional Labour Commissioner complaining about termination without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (which will be referred hereinafter 'the Act 1947'). Having failed in the conciliation proceedings a report was submitted to the State Government. The State Government by order dated 21.8.2000 made a reference under Section 10(1) of the Act 1947 to the Labour Court.;
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