SHIV KUMAR GIRI Vs. HOTEL SIDDHARTHA CONTINENTAL

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated April 07, 1995 passed by the Labour Court in I.D. No. 198/87 whereby the Labour Court has answered the reference made by the appropriate Government by holding that the petitioner is not entitled to any relief.

(2.) Suffice would it be to state that the Industrial Dispute was referred by the appropriate Government vide order dated April 21, 1987 in the following terms:

(3.) It was the case of the petitioner that he was in the employment of the respondent-Hotel as an Electric Helper and his last drawn salary was Rs. 475/- per month. With effect from May 02, 1984, he proceeded on leave after getting the same sanctioned, but, he fell seriously ill for which an application was sent to the respondent with the request to extend the leave, which the respondent did. Soon after his recovery from the illness, he resumed his duties on August 20, 1984 along with the medical certificate/fitness, but, the respondent did not allow him to join his duties and asked him to come on the next day. It was his case that, on the next date also, he was told that he would be taken on duty after few days. But even thereafter, he was not allowed to resume the duties. Ultimately, the respondent terminated his services on September 12, 1984 illegally. According to him, the respondent did not pay him legal dues and termination was effected without any charge and enquiry. In his claim petition, he prayed for his reinstatement and continuity in service with full back wages.