K.S.JHAVERI, J. - (1.)By way of present petition, the petitioner has inter alia prayed for quashing and setting aside the judgment and award dated 28th July 2005 passed by the Labour Court, Bhavnagar in Reference (LCB) No.137 of 2000, whereby the Labour Court has partly allowed the Reference of the respondent workman and directed the petitioner herein to reinstate the respondent with continuity of service and 25% backwages.
(2.)Being aggrieved by the action of the petitioner in discharging the respondent from his service with effect from 01st November 1997, the respondent herein raised a dispute which ultimately culminated into a Reference before the Labour Court, Bhavnagar. After hearing both the sides and after considering the evidence on record, the Labour Court partly allowed the Reference of the respondent directing the petitioner herein as aforesaid.
(3.)Ms.C.M. Shah, learned advocate for the petitioner, has submitted that the judgment and award passed by the Labour Court is unjust and improper. It is submitted that the Labour Court has failed to appreciate the provision of Section 2(oo)(bb) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). It is submitted that the respondent workman had not completed 240 days of service in a calendar year. It is submitted that the Labour Court has failed to appreciate the Muster Rolls for the period between 01st May 1996 and 31st October 1997. Further, the activities of the petitioner were purely temporary in nature. It is submitted that at the relevant point of time, the work was not available with the petitioner. Further, the respondent has not produced any evidence to show that he had completed 240 days of service. It is submitted that the Labour Court has not justified the award of granting 25% backwages to the respondent. Hence, present petition.