VOLTAS LIMITED Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The present writ petition filed by the management assails the notice dated 28.06.2010 issued by the Deputy Labour Commissioner/respondent no.2 directing the petitioner to pay a sum of Rs.6,23,631/- to the respondent no.3 towards his back wages as also the consequential Recovery Certificate dated 13.08.2010.

(2.) The facts in brief are that the respondent no.3, who was working as a semi-skilled clerk in the petitioner's establishment since 14.01.1987, was served with a chargesheet dated 08.03.2000 for his alleged involvement in a trade union demonstration. Following a domestic enquiry into this allegation, the respondent no.3 was dismissed from service vide order dated 01.04.2003. Since an industrial dispute being ID No.71 of 2000 was already pending between the parties before the same Tribunal, on 01.04.2003 the petitioner filed an application under Section 33(2) (b) of the Industrial Disputes Act, 1947 ('ID Act' for short) before the learned Tribunal seeking approval of its decision to dismiss the petitioner from service.

(3.) Though the workman/respondent no.3 opposed the approval application, the petitioner by relying on its settlement dated 13.06.2007 with the workmen's union, i.e., All India Voltas Employees Federation, of which the respondent no.3 was a member, sought withdrawal of its approval application in terms of the aforesaid settlement. On 15.11.2007, the Labour Court permitted the petitioner to withdraw its approval application in terms of the settlement dated 13.06.2007 and the same was disposed of as withdrawn.