MANAGEMENT OF LRS INSTITUTE Vs. DEVENDER KUMAR

JUDGEMENT

(1.) By the present petition the Petitioner seeks setting aside of the award dated 31 st March, 2008 passed by the learned Presiding Officer, Labour Court in the Industrial Dispute ID No. 704/06/99 wherein the learned Trial Court granted a compensation of Rs. 1,50,000/- to the workman in lieu of reinstatement and full back wages.

(2.) Learned counsel for the Petitioner contends that the learned Trial Court has failed to appreciate that the reference was not made by the appropriate government. Petitioner is an autonomous body fully funded by the Ministry of Health and Family Welfare, Government of India, therefore, only Central Government was competent and authorized to refer the dispute for adjudication. Since in the present case the reference was made by the State Government, which was not a competent authority to make such a reference, the labour court should not have passed the impugned award. Learned counsel lastly contends that the Respondent was engaged with the Petitioner as a daily wager and has remained unauthorizedly absent as a result of which his extension was denied by the Management as such, he is not entitled to any relief.

(3.) Per contra learned counsel for the Respondent contends that the award of the learned trial court is well-reasoned and devoid of any illegality. It was passed after proper appraisal of the evidence/material on record and relying on the decision of the Apex Court. The High Court in the exercise of writ jurisdiction under Article 226 of the Constitution of India cannot interfere with the well reasoned award based on proper appreciation of evidence. Reliance is placed on Parshuram Shah vs. Government of NCT of Delhi and another, 2008 LLR 256 Delhi in support of this contention. It is further contended that the State Government is the appropriate authority to refer the dispute under the ID Act in terms of Rule 2(f) of the Industrial Disputes (Central) Rules, 1957.