KRISHNA DEVI Vs. AMIR SINGH

JUDGEMENT

(1.) THE challenge in this petition is to an Award dated 28th July 2000 passed by the Labour Court in ID No. 694 of 1988 holding the termination of the services of Respondent No. 1 to be illegal and directing his reinstatement with continuity of service and 40% of back wages.

(2.) PETITIONER No. 1 states that she is the last surviving partner of PETITIONER No. 2 firm which stood dissolved in April 1996 with the death of one of its partners, Mr. Bhagwan Dass. It is claimed that learned counsel appearing for the management had expired during the proceedings before the Labour Court and therefore, the partners of the firm were unaware of the further hearing of the proceedings before the Labour Court. The PETITIONER came to know of the ex parte order passed by the Labour Court only in February 2003. It is stated that a sum of Rs. 50,000/- has already been paid to the workman prior to the filing of the present petition in the enforcement proceedings. The Award dated 28th July 2000 was published on 10th May 2011.

(3.) THE impugned Award of the Labour Court shows that the workman examined himself as WW-1. He denied the suggestion in his cross-examination that he was employed only on 2nd September 1997. He was able to produce a number of documents which showed that he was employed prior to that date. THE other two workman's witnesses, i.e., Kishan Lal (WW-2) and Pishore Lal (WW-3) supported the workman's case that he was appointed in 1975 and that both firms were operating from the same premises.