BATA INDIA LIMITED Vs. S K CHAWLA

JUDGEMENT

(1.) Present is an appeal under Clause-15 of the Letters Patent by the dissatisfied employer against the order dated 8.2.1999 passed in Special Civil Application No. 2490 of 1998, whereunder the award dated 10.3.1997 made by the Presiding Officer, Labour Court, Ahmedabad, in Reference (LCA) No. 854 of 1987 has been approved with a direction in favour of the respondent-workman for his reinstatement with 60% back-wages.

(2.) The appellant is before this Court with a complaint that the Labour Court, so also the learned Single Judge did not appreciate that the respondent was not coming within the sweep of the definition of Sworkman as given under Section 2(s) of the Industrial Disputes Act, 1947 and that the two courts below were absolutely unjustified in observing that the respondent-workman did not commit any mistake which could lead to his termination.

(3.) The facts necessary for disposal of the present appeal are that the present respondent was employed in the year 1963, subsequent thereto, he was confirmed in the services and finding that his services were useful and satisfactory, he was promoted as Shop Manager with effect from 12.12.1976. The agreement of promotion, which also assigns duties to the respondent is on the record. After the respondent was promoted as Shop Manager, he was required to look after Saraspur branch of the appellant Bata Company and in accordance with the promotion letter-cum-agreement, he was to discharge certain duties.