RAM MURAT Vs. DYNATECH CONTROLS (P) LTD.

JUDGEMENT

(1.) THESE petitions have been filed impugning an award dated 05.12.2009 passed by the Labour Court in DID No. 407/06/05 (hereinafter referred to as the 'impugned award') . By the impugned award, the Labour Court has awarded a compensation of Rs.33,705/ - to the workman (petitioner in W.P.(C) 8404/2010) .

(2.) WHILE the workman is aggrieved by the impugned order inasmuch as, although the Labour Court has held that termination of the workman was unjustified, the Labour Court has not reinstated the workman with back wages and has instead directed payment of compensation. M/s. Dynatech Controls Pvt. Ltd. (petitioner in W.P.(C) 3496/2011) , is aggrieved inasmuch as the Labour Court has found that the workman's termination was unjustified.

(3.) IT was the workman's case that there was an altercation with one of the principal promoters of the company and that he had been manhandled. He states that he had, thereafter, filed a police complaint and the incident had led to his illegal termination from the services of the company. The workman further asserted that his signatures had been taken on certain blank papers, at the time of joining the services, which were subsequently filled up to show his resignation as well as receipt of full and final settlement of his dues. The company on the other hand, produced several documents including the resignation letter of the workman, a voucher indicating that he had received a sum of Rs.19,353/ - as full and final settlement of his dues. It was contended on behalf of the company that the petitioner had left the services voluntarily and that his services had not been terminated. The Labour Court considered the evidence led and came to the conclusion that the services of the workman had been unjustifiably terminated.