MANAGEMENT OF DAILY PARTAP Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) This writ petition was dismissed by me on merits on 11.1.1989 after hearing the counsel for the Management only as the counsel for the respondent/workman was not present. An application has been moved by the respondent/workman stating that his advocate had not been attending the case since 1987 and had returned the file to him. He did not, therefore, know the date of hearing. I am satisfied with the explanation. The writ petition is restored to the file and is being disposed of with this order.

(2.) This writ petition is filed by the Management of M/s. Daily Pratap against the Award of the Industrial Tribunal dated 10.12.1973, holding that the retrencbment of workman Balram on 9.9.1972 was illegal. The Tribunal further held that the workman was entitled to reinstatement with continuity of service with full back wages.

(3.) Workman Balram was working as a Cartoonist with the petitioner since 1964 as a permanent hand on a salary of Rs. 562.00 per month. He was an active trade unionist and the General Secretary of Pratap, Veer Arjun and Pratap Press Karamchari Sangh (Regd.) at the time of his retrenchment. In May 1972 he had made a grievance in writing to the Management for giving him the benefit of a proper fitment in terms of the Award for Working Journalists. The Bhartiya Mazdoor Sangh to which the Trade Union of Daily Pratap, refer- red to above, was affiliated took up the matter with the Management on 6.9.1972 forgivig the benefit of Wage Board fitment to the workman. According to the workman on September. 4, 1972, the Management tried to induce him to resign from his post and join the concern at Jullundur and to undertake to collect advertisements and circulation. The workman refused to resign and go to Jullundur. Thereafter the impugned order of retrenchment was passed by the Management on 9.9.1972.