M/S INTER DECKOR Vs. JAI NARAIN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 03.12.2012 passed by a learned Single Judge of this Court in writ petition being W.P.(C) 7019/2009. By the impugned judgment, the learned Single Judge has set aside the award dated 30.07.2008 passed by the Labour Tribunal in favour of the appellant and as a consequential relief, directed the appellant to pay the respondent a sum of Rs.1,00,000/- in lieu of reinstatement with back wages.

(2.) THE controversy in the present case revolves around the question whether the respondent abandoned his employment with the appellant or not. It is the case of the appellant that the respondent, who was employed as a checker at a salary of Rs.2,400/- per month, voluntarily abandoned his services by not reporting on his duty on 03.06.1999. The appellant claims to have sent several letters dated 04.06.1999, 12.06.1999, 19.06.1999 and 24.08.1999 asking the respondent to join back on his duties but it is contended that the respondent failed and neglected to do so. The respondent on the other hand has contended that he did not abandon the services, on the contrary, he was physically assaulted and driven out of his work place on 03.06.1999. The report of the incident is also stated to have been made with the police authorities. The respondent has asserted that he reported on his duties on 04.06.1999 but the management of the appellant did not allow him to join work. The respondent thereafter caused a legal demand notice to be sent to the appellant through his trade union. Thereafter, the respondent raised an industrial dispute which was referred to the Labour Tribunal in the following terms:-

(3.) THE question whether the respondent had voluntarily abandoned services or not is a question of fact which has to be determined on the basis of the available evidence and the surrounding circumstances of the case. The learned Single Judge considered the evidence available on record and held as under:-