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Judgment
Judgement and award dated 31.12.2011 rendered by the Labour Court, Nadiad in Reference (L.C.N) No. 253 of 1992 resolving the dispute in favour of the respondent employer is sought to be assailed in this petition under Article 227 of Constitution of India.
Having considered the rival submissions and perused the record more particularly the impugned judgement and award, it transpires that principal finding by the Labour Court was rested on the fact that the petitioner workman was not in continuous service with the respondent employer within the meaning of Section 25B of the Industrial Disputes Act, 1947 ( for short 'I.D.Act').
Assailing the order, learned counsel for the petitioner referred to the document Exh. 80 containing the details of the service by the workman, which was concededly produced by the respondent employer. Learned counsel submitted that the documents revealed more than 240 days of service by the workman in the last twelve calender months before retrenchment and therefore finding to the contrary; are perverse. Learned counsel for the respondent employer has not been able to controvert the above facts. On consideration of the document Exh. 80, the findings by the Labour Court that workman was not in continuous service for a period of more than 240 days during the last twelve calendar months before retrenchment cannot be sustained; being perverse.
However there seems to be substance in the argument of the learned counsel for the respondentemployer that the evidence indicating that the petitioner workman was employed for scarcity work for a limited period was also ignored. The Labour Court after making cursory reference to the said fact in paragraph 11 was swayed away by the fact that the workman had not completed 240 days. Thus it appears that the Labour Court failed to appreciate the evidence on record and rendered the perverse finding as also ignored the relevant material. The impugned judgement and award therefore cannot be sustained. It is required to be quashed and set aside and the matter is required to be remanded to the Labour Court for reconsideration of the evidence already recorded in its entirety. Accordingly the impugned judgement and award is quashed and set aside. Reference ( L.C.N.) No. 253 of 1992 shall stand restored to the file of the Labour Court, Nadiad with a direction to it to reconsider the same by appreciating the evidence already adduced and other relevant facts in its entirety.
Considering the fact that about eight years have passed post the impugned award and the matter is being remanded in the reference which was made in the year 1992, it would be just and proper to direct the Labour Court to render its fresh decision as above stated within eight weeks from the date of receipt of writ of this court. Accordingly directed. Rule is made to the above extent.