HINDUSTAN ANTIBIOTICS LTD. Vs. SANDEEP GUPTA

JUDGEMENT

(1.) The Petitioner in the present Writ Petition is impugning the Award dtd. 17/1/2003 ("Impugned Award") in I.D No.1023/1990 passed by the Court of Additional District and Sessions Judge: Presiding Officer: Industrial Tribunal No. III, Delhi titled as 'The Management of M/s Hindustan Antibiotics Ltd. v. Its workman Shri Sandeep Gupta'. Vide the impugned Award, the learned Labour Court was pleased to hold that the workman, Sh. Sandeep Gupta has been illegally terminated w.e.f. 27/5/1990. The learned Labour Court further held that the Respondent is entitled to be treated as Medical Representative (probationer) from 26/5/1989 to 25/11/1989 and as Medical Representative Grade-II from 26/11/1989 onwards on regular basis in proper pay scale and allowances. Furthermore, the learned Labour Court also directed the Petitioner/Management to reinstate the Respondent in service with continuity and full back wages of a regular Medical Representative's and be treated as Medical Representative on regular basis. The facts germane for the adjudication of the present Writ Petition are as follows:

(2.) On 26/5/1988, the Respondent/Workman was appointed as a Junior Medical Representative (Trainee)/Junior Agrovet Representative (Trainee) at Delhi on a consolidated stipend of Rs.1200.00 per month vide letter dtd. 20/5/1998. Pertinently, the Letter of Appointment specifically stated that the training period will be for a period of 12 months and may be extended by further period of 12 months. Pursuant to that, on 27/5/1988, a Service Agreement was executed between the Petitioner as well as the Respondent.

(3.) Subsequently, on 10/7/1989, the Petitioner vide an order extended the training of the Respondent upto 26/11/1989 to enable him to improve his poor performance. It is the case of the Petitioner that sales performance of the Respondent was not up to the mark and he was also not able to reach the target set by the Petitioner for all Medical Representatives (Trainees).