TILAK RAJ Vs. AMAN KUMAR @ AMAR KUMAR

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the Award dated July 04, 2013 passed in I.D. No. 294 of 2009 by the Labour Court, whereby the Labour Court has in the facts and circumstances of the case, keeping in view that the respondent-workman has sustained permanent injury awarded a lump sum compensation of Rs. 2,90,000 (Rupees Two Lakhs Ninety Thousand only) in lieu of reinstatement with back wages.

(2.) It was the case of the respondent that he was engaged with the petitioner for the last one and half years before the filing of the claim as a Blowing Machine-man. The last drawn salary was Rs. 3000/- per month. He would state that he was deprived of his legal facilities i.e. appointment letter, salary slip, leave book, overtime, Casual Leave, ESI, PF etc. It has been submitted by the respondent that the petitioner was engaged in the manufacturing of toys. It was his case that the worker who worked on the injection machine was on leave and he was forced to work on the said machine despite refusal by him as he did not know how to operate the machine.

(3.) It was also his case that on February 24, 2005, when he started operating the injection machine, he met with an accident in which all the fingers except forefinger and the thumb of his left hand got amputed. He got treatment at Ram Manohar Lohia Hospital and was issued 50% disability certificate from there. A FIR was registered at P.S. Sarai Rohella. After recovery, when the respondent demanded the accidental compensation from the petitioner, he was illegally terminated without any notice or service compensation.