RAJIV SINGH Vs. SPECIAL CABLES (P) LTD.

JUDGEMENT

(1.) These two writ petitions arise from a common award dated July 06, 2013 passed by the Labour Court in D.I.D No.275/2010 and 276/2010, whereby the Labour Court has directed the reinstatement of the petitioners in the services of the respondent with continuity of service however, without any back wages.

(2.) The brief facts are that it is the case of the petitioners that they were appointed as Operators in the year 1997 drawing salary less than the minimum wages i.e. Rs. 3890/- and Rs. 3790/- per month respectively. It is also their case that their services were terminated with effect from March 06, 2009 on verbal order which is in violation of Section 25(N) and 25(G) of the Industrial Disputes Act, 1947 (Act in short). A demand notice was sent on March 09, 2009 but the same was not replied to.

(3.) The case of the respondent before the Labour Court was that it had never terminated the services of the petitioners. According to it the petitioners themselves have abandoned their job inasmuch as their services were transferred as per the terms of appointment letter dated February 10, 2009 and were directed to report for duty at Rudrapur with effect from March 10, 2009 along with transport charges and enhanced pay of Rs. 500/-. Instead of joining the place of transfer, they absented from duties in an unauthorized manner. The respondent had taken a specific stand that they are still ready to take back the petitioners on duty at the transferred place reserving their right to take disciplinary action against them for their unauthorized absence/abandonment of job.