1. By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner – Uttar Gujarat Vij Company Limited formerly known as Gujarat Electricity Board has challenged the legality and validity of the judgment and award passed by the Presiding Officer, Labour Court, Kalol dated 8.4.2002 passed in Reference (LCK) No.84 of 1986.
2. It is the case of the petitioner that the respondent workman was working as Apprentice and therefore, the provisions of Section 25(G) and (H) of the Industrial Disputes Act, 1947 are not applicable. It is the case of the petitioner that the award of the Labour Court is without jurisdiction, inasmuch as, that as an Apprentice, the respondent workman had no right to continue as he was found unsuitable.
3. Heard Ms. Lilu K. Bhaya, learned advocate for the petitioner and Mr. Rajesh P. Mankad, learned advocate for the respondent workman.
4. On perusal of the award, it transpires that the respondent workman is already employed in Railways and the Labour Court, having considered the evidence led before it, has awarded lumpsum compensation of Rs.20,000/. Considering the smallness of amount, this Court deems it fit not to consider the matter on merits. However, it is made clear that the judgment and award impugned in the present petition shall not be treated as precedent in any similarly situated case. As aforesaid, from the facts and circumstances arising out of this petition, the petition is dismissed only considering the award amount of Rs.20,000/. Liberty to revive in case of any difficulty. Rule discharged. Interim relief, if any, stands vacated.
[R.M.CHHAYA, J.] mrpandya