KARAMBIR Vs. PRESIDING OFFICER, LABOUR COURT NO. 1

JUDGEMENT

(1.) Since the afore-captioned two writ petitions involve a challenge to an award dated July 05, 1996 passed by the Labour Court in I.D. No. 405/87 by both the parties before the Labour Court, the same are being disposed of by this common order. For convenience, the parties shall be referred by their status in Writ Petition (C) No. 774/1997.

(2.) In terms of the impugned award, the Labour Court directed the respondent Nos. 2 and 3-Corporation to reinstate the petitioner-workman with all consequential benefits and continuity in service along with Rs.2000/- as litigation expenses. The facts as culled out from the award are, the petitioner was engaged as a Retainer Crew Driver w.e.f. July 25, 1985 on daily rate wage basis. He was drawing salary for the days he worked. On December 08, 1985, he met with an accident, damaged the bus and injured a cyclist. An FIR No. 493/85, P.S. Delhi Cantt. was registered under Section 279/337 of the Indian Penal Code. His services were dispensed with, w.e.f. April 02, 1986. In the meantime, he was discharged by the Criminal Court vide order dated July 04, 1986. He challenged his termination, which was referred to the Labour Court after the failure of the conciliation proceedings, on the following terms:

(3.) It was the case of the petitioner that the order by which his services were dispensed with, is illegal as the same was made during pendency of the case before the Criminal Court, that too, without any notice and charge sheet. It was also the case of the petitioner that the order is also in clear violation of Section 25-N of the Industrial Disputes Act, 1947 (Act in short) as neither the compensation nor dues were given to him. He sought his reinstatement with full back wages and continuity in service.