BHAGWAN HOSIERY Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The case of the Petitioner is that Respondent No. 3 had been engaged by him on 1/12/1973 and Respondent No. 4/11/1986, as piece rate workers. On 7/9/1987 Respondent No. 3 collected a sum of Rs.650.00 as full and final payment of his dues and Respondent No.4 similarly collected a 'sum of Rs. 990.00 as full and final payment of his dues in the same month, on 24.9.1987. A few days thereafter Statements of Claims appear to have been filed by these Respondents and on the failure of Conciliation Proceedings, the following dispute was referred for adjudication before the Labour Court vide order No.- F. 24(4109)87-Lab/39823-28 dated 16/12/1987:

(2.) The Petitioner was directed to pay a sum of Rs. 7,500.00 towards costs to the workmen which appear not to have been paid till date. Furthermore, on a statement made by learned counsel for the Petitioner, to the effect that the Petitioner is ready to reinstate Respondents 3 and 4, notice of the Writ Petition was issued on 12.5.1999. Despite several opportunities granted, a Rejoinder has not been filed. In the meantime thirteen years have elapsed since the disputes were first raised by the workmen and sadly, Respondent No. 3 has passed away. His widow has been impleaded in his place.

(3.) The contention of the learned counsel for the Petitioner is that the Reference itself was improper and illegal. He has reiterated that the case of the Petitioner is that the Respondents were piece-rated workers and hence the question of their termination from services did not arise. Alternatively, it has been stated that the workmen had left their employment of their own volition. It-was reaffirmed before me that at no point of time were their services terminated.