DARSHAN SINGH Vs. LEMERIDIAN

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India praying for order/directions to set the order dated 13.10.2006 passed by the Learned Labour Court and to direct the management to pay the salary w.e.f. 11.04.1996 till today, the balance bonus amount w.e.f. 19.07.1989 till today and the holidays fund since 1989 till today.

(2.) The brief facts of the case are that in 1989 the petitioner was appointed as a driver in the Hotel Le Meridian initially on the pay of Rs. 850/- per month and in 1992 and 1993 he got increments in his salary. He was also issued a letter of appreciation on behalf of the management of Hotel Le Meridian with one week 's basic pay extra as a reward.

(3.) In March 1996 the petitioner was suspended by the management of the Hotel Le Meridian and a chargesheet was issued against him according to which on 25.03.1996 at about 12:05 PM, the petitioner had indulged in a fight with Mr. Kartar Singh and used filthy language against him. On 11.05.1996 a domestic enquiry was initiated against the petitioner and a person who was earlier associated with the management was appointed as the Enquiry Officer. On 25.03.1997 on the basis of the said enquiry in which the complainant was not even produced by the management, the petitioner was dismissed from the service.