VED KUMAR Vs. INSTITUTIOIN OF ELECTRONICS

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and order dated May 22, 2013 passed by the learned Single Judge of this Court in W.P. (C) No. 7647 of 2002 whereby the award passed by the Labour Court No. III, Karkardooma Courts, Delhi, for reinstatement of the appellant was set aside and it was declared that he shall be entitled to 75% back wages along with compensation in Rs.4,00,000/- (Four Lacs only).

(2.) THE appellant was appointed as a clerk on temporary basis against a regular vacancy by the respondent No. 1 in February 1989 and he continued to serve the respondent till May 04, 1990. On May 05, 1990 when the appellant reported for work he was not allowed to serve and his services were terminated by respondent No.1. The appellant was neither served with any notice of termination nor paid any compensation by the respondents in terms of section 25 F and section 25 G of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act).

(3.) THE defence of the respondent No.1 before the Labour Court Firstly, that it was not an 'industry' within the was twofold. meaning of the definition provided in Section 2(j) of the Act. Secondly, that the appellant was not a 'workman' within the meaning provided in the said Act. The Labour Court rejected both contentions of the respondent No.1 and while deciding the dispute in favour of the appellant, held that the respondent No.1 had terminated the services of the appellant not only illegally but also unjustifiably and therefore the appellant is entitled for reinstatement in service with back wages. The Labour Court also, inter alia, directed the appropriate government to direct the respondent to reinstate the appellant at the post of clerk and pay him 75% of back wages or 75% of minimum wages for the post of clerk as fixed by the appropriate government from time to time whichever is higher since May 04, 1990 till the date of reinstatement of service.