LAWS(DLH)-2010-5-368

JAI AUTO INDUSTRIES Vs. MAMAN SINGH

Decided On May 17, 2010
JAI AUTO INDUSTRIES Appellant
V/S
Maman Singh Respondents

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner M/s. Jai Auto Industries under Article 226 of the Constitution of India for quashing/setting aside the award dated 21.10.2005 awarding compensation of Rs.50,000/- in favour of the workman.

(2.) The main contention of the petitioner is that initially the petitioner offered Rs.40,000/- as lump sum amount to settle the matter amicably ignoring the fact that the respondent did not report for duty despite a specific offer and remained absent which disentitled the respondent from any relief. It is further argued by the learned counsel for the petitioner that the Labour Court exceeded its power in awarding Rs.50,000/- to the workman when the Labour Court answered the reference against the workman holding that the workman had stopped reporting for duties. Various decisions have been referred in the grounds of appeal.

(3.) I have gone through the award passed by the Labour Court and the main reasons for awarding Rs.50,000/- to the workman are mentioned in paras 8 and 9 of the award. They read as under: