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Judgment
Judgment and award dated 13/03/2007 rendered in Reference (LCK) No.88 of 1997 answering industrial dispute raised by the respondent-workman in his favour and thereby awarding 50% back wages and the reinstatement to the workman after setting aside the oral order of termination dated 27/09/1996; by the Labour Court, Kalol below Exhibit330 is sought to be assailed in this petition under Article 227 of the Constitution of India.
During the course of hearing, number of rival contentions have been raised; however since this Court is inclined to remand the case under the following circumstances, it is unnecessary to address the merits of the case.
2.1 The case is required to be remanded in the context of the case of the workman inter alia that, he discharged his duties with 'Nirma Detergent' and other company viz., 'Nirma at Mandali'. It was his case that the said companies belong to the same person/his relatives and its head office is situated at Ahmedabad; that no payslip was made available to him; neither his attendance was recorded in the attendance card and upon his demanding payslip, his services as driver came to be terminated on 27/09/1996 by oral order when he was at Nirma, Mandali. It was his case that he made a representation in that regard at Chhatral where also he was not taken back. Above facts are borne from the deposition of the workman at Exhibit15.
2.2 The aforementioned case was put by the workman in his oral testimony and he was crossexamined extensively by his employer; however, it appears that this issue which was the crucial issue with which the workman begin in his statement of claim, was not attended to. No findings seems to have been rendered on the said issue by the Labour Court. According to this Court, the issue goes to the root of the matter and it requires to be examined. It is not possible for this Court to render a decision under Article 227 of the Constitution of India in absence of the findings of fact on such crucial issue by the Labour Court.
In above view of the matter, the case is required to be remanded to the Labour Court for the aforesaid limited aspect; without disturbing the other factual findings already rendered by it. Accordingly, Reference (LCK) No.88 of 1997 shall stand restored to the file of the Labour Court, Kalol for examining the case and render a decision vizaviz the issue stated in paragraph 2.1 of this judgment; however without allowing the parties to lead additional evidence; but after hearing them on the issue. It is clarified that it will be open for the Labour Court to appreciate all the existing evidence in this regard including that of the employer. It is also made clear that this Court has not examined the case on merits.
Considering the fact that the dispute was raised as back as in 1997, the Labour Court shall render the findings on the said issue within three months from the date of the receipt of the writ of this Court. Petition is accordingly disposed of.