BHUWAL BIND Vs. TATA PROJECT LTD.

JUDGEMENT

(1.) The petitioner has sought reinstatement with full back-wages on the ground that he was appointed as a Gas-Cutter under respondent No.1 in December, 2004. It is pleaded that on 19/1/2005, while discharging duties and engaged in erecting a structure for the boiler at the NTPC Power Plant, a heavy iron metal piece fell on the petitioner, causing injuries to his hands, legs, and eyes. He was taken to Apollo Hospital, Bilaspur, where he remained hospitalized for 45 to 50 days. It is further pleaded that he completely lost vision in his right eye and suffered 40% permanent disability.

(2.) An application was also filed under the Employees' Compensation Act, 1923, before the learned Commissioner, Workmen Compensationcum-Labour Court, claiming therein compensation to the tune of Rs.12,37,966.00 along with a penalty of Rs.20,000.00. After physical recovery, the petitioner approached respondent No.1 to resume his services, but he was not allowed to join. Consequently, a complaint was made to the Assistant Labour Commissioner and the matter was referred by the competent government to the concerned Labour Court according to the provisions of Sec. 10 of the Industrial Disputes Act, 1947 (for short 'the ID Act').

(3.) In the statement of claim, the petitioner stated that he was employed under respondent No.1 in the month of December, 2004 and worked till 19/1/2005, and due to the injuries sustained during the course of employment, he could not continue. However, when he recovered and approached respondent No.1, he was denied reinstatement. He, therefore, claimed reinstatement with full back-wages.