MCG DESIGN Vs. RAM NARESH CHAUHAN

JUDGEMENT

(1.) Notice in this appeal was issued limited to the question of grant of compensation in lieu of award of reinstatement with 50% back wages granted by the Labour Court and upheld by the learned Single Judge. It was also directed that the notice shall indicate that the appeal shall be finally heard and decided on the next date. The notice was duly served for 29th November, 2011 but nobody appeared on behalf of the respondent. In the interest of justice the case was adjourned for today to give another opportunity to the respondent to make appearance and argue the case. However, none has appeared today as well.

(2.) In these circumstances, we have no option but to proceed with the matter on merits.

(3.) M/s Okhla Industrial Workers Union has espoused the case of ten workmen alleging that their services were terminated illegally and unjustifiable. The dispute was referred in respect of all these ten workmen to the Labour Court. Though initially this dispute was prosecuted by the Union and the workmen also appeared, after some time, the workmen stopped appearing. When the case was listed on 24th November, 2000 for cross -examination of management witnesses, none of the workmen had appeared. Nobody appeared even at the time of argument on behalf of the workmen. However, the Labour Court proceeded with the reference as by that time, evidence of workmen had been recorded and workmen had been cross -examined. The Labour Court rendered the award dated 17th March, 2011; in respect of nine workmen it held that there was relationship of employer and employee. However, in respect of one workman namely Sh. Ram Naresh Chauhan (respondent herein) it was held that his services were terminated illegally as he had worked for more than 240 days and before terminating his services provisions of Sec. 25F of the Industrial Disputes Act were not complied with. It was further held that the said workman was not served with any show cause notice or chargesheet or any inquiry was got conducted.