RUCHIKA CABLES PVT LTD Vs. SECRETARY LABOUR

JUDGEMENT

(1.) The petitioner M/s. Ruchika Cables (P) Ltd. having its address at B-48, G.T. Karnal Road Industrial Area, New Delhi 110 033 (B-48) instituted this writ petition for quashing and setting aside of the letter dated 19th September, 2003 issued by the office of the Labour Commissioner, Govt. of NCT of Delhi issuing a certificate for recovery of Rs.85,756.50p from the petitioner in implementation of the award dated 24th September, 1996 of the Labour Court in I.D. No.377/1992 between the management of M/s. Ruchika Cables (P) Ltd. having its address at B-40, G.T. Karnal Road Industrial Area, New Delhi 110033 (B-40) and its workman Sh. Sohan Rai (respondent no.2). The petitioner also seeks a declaration that it is not liable to pay any amount to the respondent no.2 workman in implementation of the award aforesaid.

(2.) This Court vide ex parte order dated 3rd February, 2004 which continues to be in force, stayed the recovery pursuant to the recovery certificate aforesaid against the petitioner.

(3.) The respondent no.2 workman had raised a dispute about the termination of his employment by the management of M/s. Ruchika Cables (P) Ltd. having its address at B-40. Reference dated 6th May, 1992 was made to the Labour Court. The Labour Court, in the award dated 24th September, 1996, has recorded that the management was duly served with the notice sent, by refusal report dated 23rd November, 1992 of the process server and upon failure to appear had been proceeded against ex parte. The Labour Court vide ex parte award dated 24th September, 1996 held the termination of employment of the respondent no.2 workman to be illegal and found him entitled to reinstatement with full back wages and continuity of service. The said award was published on 23rd December, 1996.