NABI RASOOL Vs. GNCT OF DELHI

JUDGEMENT

(1.) THE petitioner -management, a proprietor firm of Nabi Rasool, is aggrieved by the award dated 30th August, 2008 passed by the learned Labour Court whereby the termination of services of the respondent no. 2 -workman by the petitioner -management has been held to be illegal and he has been directed to be reinstated in service with continuity but with payment of only 25% of the back wages.

(2.) THE respondent no.2 -workman was employed with the petitioner as a karigar from 1st May, 2000 and as per his case his services were terminated by the petitioner -management on 2nd May, 2004, which action of the petitioner -management was claimed by him to be illegal and unjustified. So, he approached the Labour Court directly by filing a claim statement under Section 10(4A) of the Industrial Disputes Act. The petitioner -management had contested the claim of the respondent no. 2 -workman by filing its written statement on 9th December, 2005 in which it denied the very relationship of employer -employee with the respondent no.2. The pleadings of the parties had led to the framing of the following issues by the Labour Court for trial:

(3.) THE petitioner -management moved an application sometime in February, 2010 for setting aside the ex -parte award but the same was rejected since by the time it came to be filed the award had been published and became enforceable. While rejecting that application the Labour Court had relied upon the judgment of the Supreme Court in "M/s Sangham Tape Company Vs. Hans Raj", 2004 Labour Law Reporter 1098 in which it was held that after the expiry of period of thirty days from the date of publication of the award the Labour Court becomes functus officio and so cannot entertain an application under Order IX Rule 13 of the Code of Civil Procedure.