SPRIRITED AUTO CAR (I) LTD. Vs. STATE

JUDGEMENT

(1.) These petitions impugn the order dated 03.09.2019 passed by the learned Labour Court in New ID No: 1546-17, whereby the claims of the workmen were accepted, the petitioners were directed to be re-instated with full back wages and continuity of service.

(2.) Since the version of the workmen went unrebutted and uncontroverted, hence, their claim was allowed. The facts are, that services of six workmen who were engaged by the petitioner/management as washer- boys at a motor vehicle service centre, having varied monthly salary, were terminated on 23.01.2017 without issuance of any notice to them. They contended that an annoyed management threw them out when they demanded requisite facilities which ought to have been provided to them in terms of the labour laws. The workmen approached the Labour Conciliation Officer for redressal of their grievances. However, despite service of notice of the conciliation proceedings before the learned Labour Commissioner, the petitioner did not participate in the proceedings. Therefore, a reference was made to the Labour Court as under:-

(3.) Before the latter too, the petitioner did not put-up its case diligently. It entered appearance but did not file its written submissions in time. A cost of Rs. 10,000/- was imposed to facilitate the filing of the written submissions. However, neither was the cost paid nor were the written submissions filed. In the circumstances, the learned Labour Court was of the view that there being no opposition to the claims of the workmen despite numerous opportunities having been granted to the management, both before it as well as before the Conciliation Officer, where they had constantly failed to appear or contest the claim, therefore, the relief had to be granted. The impugned order had recorded inter alia:-