VIBA PRESS PVT LTD Vs. RAVINDER YADAV

JUDGEMENT

(1.) This hearing has been held through video conferencing.

(2.) The present petition challenges the impugned Award dated 22nd September, 2018 and the consequential orders of 12th November, 2018 and 19th November, 2018, passed by the ld. ADJ, Presiding Officer (Labour Court-V), Dwarka Courts. The case of the Petitioner is that the Respondent/Workman had initially raised an industrial dispute in 2011, which was dismissed due to non-compliance with section 2A of the Industrial Disputes (hereinafter, "ID") Act, 1947. Thereafter, he had raised another industrial dispute, by filing a statement of claim dated 18th January 2016. The Management's Authorised Representative (hereinafter, "AR") filed its written statement on 29 th August, 2017.

(3.) The matter was listed from time to time before the Labour Court. According to the ld. counsel for the Petitioner, unfortunately on 25th April 2018, the AR for the Petitioner had noted the next date of hearing as 27 th September, 2018, instead of 7 th September, 2018, and therefore he did not appear for tendering of his evidence. Since he could not appear, the examination-in-chief of the workman was tendered, the cross-examination was treated as nil and the defence was also struck off - all on one day. The case was then listed for arguments on 22nd September 2018 and the impugned award came to be passed on the same day by the Labour Court. As per the said Award, the Labour Court has held that the Respondent/Workman is entitled to the relief of reinstatement with full back wages.