MVL INDUSTRIES LTD. Vs. HARENDRA SINGH AND ANR.

JUDGEMENT

(1.) THE writ petition impugns the award dated 3rd December, 2010 of the Industrial Adjudicator on the following reference:

(2.) THE Respondent No. 1 workman was employed as a driver with the Petitioner employer at the last drawn salary of Rs. 3,850/ - per month for four years when in December, 2002, according to the Respondent workman, his services were illegally terminated and according to the Petitioner employer, the Respondent workman started absenting from duty and failed to resume duty despite various letters sent to him. It was also the case of the Petitioner employer that the Respondent workman had got employment elsewhere and that is why left the employment of the Petitioner employer though it was pleaded that the salary being paid to the Respondent workman was far above the minimum wages payable to a driver.

(3.) THE findings returned by the Industrial Adjudicator, of the case for abandonment having not been made out and of the Petitioner having illegally terminated the services of the Respondent workman are findings of fact. The Legislature having not provided for any appeal against the order of the Industrial Adjudicator, this Court in exercise of powers of judicial review under Article 226 of the Constitution of India cannot deal with the award as an appellate court. Such findings of fact would be interfered with only if shown to be perverse or totally unreasonable or being not borne out from the record.