SURESH KUMAR Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The petitioner workman seeks a writ of certiorari with respect to the award dated 1st June, 1999 of the Labour Court on the following reference:- "Whether the termination of services of Shri Suresh Kumar is illegal and/or unjustified and if so, to what relief is he entitled and what directions are necessary in this respect?"

(2.) The Labour Court answered the reference in favour of the workman and against the respondent No.3 Uttar Pradesh Rajkiya Karyashala Sthapan Khand /employer and held the termination to be illegal and unjustified. However in view of the plea of the respondent No.3 employer that the U.P. Government which had taken up the fabrication work at Okhla Barrage and had set up the unit in which the petitioner was employed, had on completion of the work w.e.f. 31st March, 1985 closed the said unit, the Labour Court granted the relief only of payment of wages w.e.f. March, 1983 till 31st March, 1985 i.e. the date of closure of the unit, to the petitioner workman. Aggrieved therefrom this writ petition has been preferred.

(3.) The respondent No.3 employer having not challenged the award, the finding of the Labour Court of the termination of the services of the petitioner workman being illegal and unjustified has attained finality. Even otherwise I may notice that it was the plea of the respondent No.3 employer that the petitioner workman had not attended duties since 10th March, 1983 without intimation and had failed to join back inspite of communication and thus his services were terminated vide letter dated 2nd June, 1983. It was the case of the petitioner that he had fallen ill and had reported back for duty on 30th May, 1983 but was not allowed to join. It is the admitted position that no inquiry was held by the respondent No.3 employer prior to termination of services of the petitioner. A Division Bench of this Court in Sakuntala's Export House (P) Ltd. Vs. Secretary (Labour) has held that abandonment amounts to misconduct which requires proper inquiry. I have dealt with this aspect in detail recently in judgment dated 18th March, 2010 in W.P.(C) No.3345/2000 titled Delhi Transport Corporation Vs. Arun Kumar and need is not felt to repeat the said discussion. Suffice it is to state that the finding of the Labour Court qua the termination being illegal, is even otherwise found to be correct.