BHARTIYA INTERNATIONAL LTD. Vs. AMAR SINGH AND ANR.

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner (company incorporated under Companies Act, 1956) under Articles 226 and 227 of the Constitution of India praying for quashing/or to set aside the impugned award dated 10.04.2007.

(2.) BRIEF facts which are relevant for the purpose of deciding the present writ petition are that the respondent No. 1 raised an industrial dispute by alleging that he was working with the petitioner since May 1995 as a Sample Tailor and on 09.06.1997 his services were terminated by the petitioner without any notice or compensation. The allegation of the workman respondent was that he was not given any legal facilities by the petitioner and on demanding the same, the petitioner got annoyed and withheld his earned wages for the period from 01.06.1997 to 08.06.1997 and also terminated him on 9.6.1997.

(3.) THE parties led their respective evidence, the learned trial court passed the impugned award dated 10.4.2007 in favour of respondent No. 1 holding that the termination of the respondent No. 1 was illegal, unjustified and is in violation of the provision of Section 25F of the Industrial Disputes Act, 1947. However, the Labour Court came to the conclusion that it was not a fit case for reinstatement and back wages and the respondent was awarded a lumpsum compensation of Rs. 40,000/ - instead of reinstatement and back wages.