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Judgment
Though served, none has appeared for the workman. Judgement and award dated 09.05.2008 rendered by Labour Court, Bharuch, in Reference (LCB) Case No.155 of 2000 is sought to be assailed by the petitioner employer with the principal submission that in absence of the pleadings as to breach of section 25H of the Industrial Disputes Act, the finding to that effect by the Labour Court are perverse.
This Court has perused the record with the assistance of the learned counsel for the petitioner. Therefrom, it is noticed that the dispute which was referred to the Labour Court was only in regard to termination of his service. The dispute in relation to breach of section 25H was never raised and referred to the Labour Court. Therefore, the Labour Court had no jurisdiction to adjudicate upon the said dispute. The bare statement of the employer and that too without full details in the cross examination that other employee substituted the workman would hardly constitute an evidence for the Court to reach to the conclusion that such an event had taken place.
It is only on the finding of breach of section 25H of the Industrial Dispute Act by the impugned award, an lumpsum compensation of Rs.54,000/ came to be awarded to the workman. In the opinion of this Court, the impugned judgment and award is unsustainable for the foregoing reasons. The petition is therefore required required to be allowed. Accordingly, the petition is allowed. Impugned judgment and award is quashed and set aside. Rule is made absolute accordingly.