RAJ KAMAL HANDLOOM INDUSTRY Vs. SHYAM BALI

JUDGEMENT

(1.) The present writ petition was preferred by ' the petitioner/management as against the award passed by the Presiding Officer, Labour Court, Delhi, in I.D. Case No.151/1979 (re-numbered as New I.D.Case No.1250/83) holding that the order of termination passed against the respondent by the petitioner managemennt was illegal and unjustified and that the respondent/workman should be reinstated in service with full back wages with continuity of service, but a sum of Rs.3582.85 earned by the workman prior to the intervening period would be set off.

(2.) At the Instance of respondent/workman and on the issue of his termination of services, an industrial dispute was referred to the Labour Court for adjudication. The term of reference was as followss-

(3.) The parties filed their respective claims and written statements and on the basis of the pleadings of the parties, issues were framed and parties were allowed to lead their evidence. During the said proceedings the workman examined two witnesses and the management examined seven witnesses. Thereafter, the Labour Court heard the counsel appearing for the parties and passed the aforesaid award holding that the order of termination was unjustified and illegal and that the workman is entitled to reinstatement with full back wages and continuity of service. The Labour Court, 'however, ordered for deduction of an amount of Rs.3582.85, which was earned by the workman during the intervening period.