K L GERA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This writ petition is directed against the -award passed by the Presiding Officer, Labour Court, Delhi on 4/05/1999, holding that the Management had not illegally and unjustifiably terminated the services of the workman. It was further held in the said award that at the time of retrenchment of his services, the retrenchment compensation and notice pay was duly paid to the workman and that there was no act of victimisation and unfair labour practices on the part of the Management.

(2.) A dispute having arisen between the petitioner/workman and the respondent/Management, reference for adjudication was made on the following terms:-

(3.) In his claim petition, the petitioner stated* that he was working with the Management as Accounts Clerk since 22/09/1986 and that he was an active member of the Union on account of which he had to take leading part in the Union activities to secure the demands on behalf of the workers. It was stated that due to the aforesaid position the'Management wanted to teach a lesson to the members of the Union and also to the petitioner for organising and taking a leading part in the Union activities and that the Management asked him to resign on 30/07/1988 and on his refusal his services were terminated by letter dated 30/07/1998. ' It is alleged that the said act of the Management amounted to unfair labour practice as the Management had retained junior persons to the workman namely Shri Subhash Chand Gupta while terminating the services of the workman.