1. By way of these petitions, the petitioners have prayed to quash and set aside the impugned award dated 12.12.2006 passed by the Labour Court, Ahmedabad in Reference Case [L.C.A.] No. 489/1990, whereby the said reference was rejected.
2. The facts in brief are that the petitioners were working in the weaving department of the respondent. It is the case of the petitioners that the respondent without following any due process of law, orally terminated the service of the petitioners. Being aggrieved by the same, the petitioners raised an industrial dispute, which, ultimately, culminated into a reference before the Court below. In the said Reference, the respondent filed the written statement denying all the allegations. The Labour Court, after considering the evidence on record, rejected the said reference. Hence, these petitions.
3. Heard learned counsel for the respective parties. On appreciation of the said document, the Court below found that the petitioner workmen were not the employees of the respondent. The said fact is established from the deposition of one Natvarbhai Kantilal Patel at Exhibit18. Even otherwise the petitioners were not able to produce any documentary evidence in the form of attendance card or salary slip that they were the employees of the respondent. Thus, the Court below found that there was no breach of the relevant provisions of the I.D. Act at the hand of the respondent.
4. Considering the facts of the case and the evidence on record, The Court below has rightly dismissed the reference of the petitioner. I am in complete agreement with the reasonings given and findings arrived by the Court below and find no reasons to interfere with the same.
5. In the result, the petitions stand dismissed. Rule is discharged. Interim relief if any, stands vacated.
(K.S.JHAVERI, J.) /phalguni/