SAROJ DEVI & ORS Vs. DCM LTD

JUDGEMENT

(1.) The Appellants are the legal heirs of the deceased Sh. Sant Kumar who was an employee of the Respondent. Sh. Sant Kumar had raised the dispute challenging the termination of his services which was referred to the Labour Court with the following terms of reference:-

(2.) The case set up by the deceased workman was that he was employed with the Respondent since 17.10.1973 as a Weaver. He took leave from 8.9.1981 to 13.11.1981 which was sanctioned. He had gone to his native place where he had fallen sick. Therefore he sent a leave application from his native place to the Respondent applying for the leave for a period of one month. After expiry of leave when he reported for duty alongwith fitness certificate, he was informed that his services have been terminated w.e.f. 23.11.1981. According to him, neither any termination letter was given nor he was paid any retrenchment compensation and notice pay and therefore, termination was in violation of Section 25F of the Industrial Disputes Act.

(3.) We would like to mention here that during the pendency of the proceedings before the Labour Court, the factory of the Respondent at Bara Hindu Rao, Delhi was closed down after taking permission of the Lt.