HAMDARD DAWAKHANA Vs. LABOUR COURT DELHI

JUDGEMENT

(1.) THE management of Hamdard Dawakhana (Wakf), Delhi, has filed this petition under Arts. 226 and 227 of the Constitution of India for the issue of a writ of certiorari quashing the award of the Presiding Officer, Labour Court, Delhi (Respondent No. 1) in L. C. I. D. No. 82 of 1975 dated 4th June, 1976 (annexure "a"), holding that the termination of the services of the workman, Vishwa Nath (respondent No. 2) was illegal and unjustified; that he is entitled to be reinstated with full back wages and continuity of service.

(2.) BRIEFLY, the facts are that the workman (respondent No. 2) was employed as a section in-charge with the petitioner-establishment in its Dawakhana at Lal Kuan, Delhi. The management is governed under the Industrial Employment (Standing Orders) Act and it has Standing Orders duly certified by the Competent Authority which have been in force since 27th April, 1971 (annexure "b" ). The workman, on 4th May, 1974, (annexure "c"), applied for casual leave from 6th to 8th May, 1974, to find a suitable match for his daughter. The management by letter dated 6th May, 1974, informed the workman that he had prior knowledge to find a match for his daughter, and he ought to have obtained prior sanction before availing of the leave. The workman was required to explain. On 8th May, 1974, at 2 p. m. another application (wrongly dated 9th November, 1974) (annexure "d") was received from the workman wherein he stated that he had gone out of station to find a match for his daughter but was taken ill all of a sudden and, therefore, he requested for extension of leave from 9th may, 1974. The management, by letter dated 10th May, 1974 (annexure "f"), required the workman to produce medical certificate from Employees' State Insurance Corporation failing which he would be treated as absent from duty. On 17th may, 1974, the management in its letter (annexure "g") to the workman drew his attention to its previous letters dated 6th May, 1974, and 10th May, 1974, and informed that he failed to produce the medical certificate and had been treated as absent from duty, that no application for leave was received for the period from 12th May, 1974, onwards. He was required to explain within two days why he was absent, failing which he was informed that disciplenary action would be taken against him. The management did not receive any reply. By letter dated 24th May, 1974 (annexure "h"), the management informed the workman that he was absent from duty with effect from 12th May, 1974, without any intimation and in accordance with the Standing Orders, clause 11 (g), he had lost his lien on the post on account of his absence for more than 12 days and, therefore, his name had been removed from the rolls of the establishment. On 24th May, 1974, the management also received a letter dated 21st may, 1974 (annexure "i"), from the workman wherein he informed that on account of riots in Sadar Bazar he was arrested and taken to Tihar Jail on 8th May, 1974, that he was innocent and that 25th May, 1974, was fixed for his bail application.

(3.) THE Lt. Governor, Delhi, by order dated 26th April, 1975 (annexure "j"), as per report of the Conciliation Officer, referred the dispute regarding illegal termination of services of the workman to the Labour Court under Ss. 10 (1) (c) and 12 (5) of the Industrial Disputes Act, 1974. The Labour Court by the Award dated 4th June, 1976 (annexure "a"), held that there was no period of leave originally granted or extended and period of leave originally granted or extended and as such clause 11 (g) of the Standing Orders could not be pressed into service at all, that the workman was entitled to reasonable opportunity of making representation on the penalty of dismissal proposed against him which was not given before issuing the order dated 24th May, 1974, and that the workman was entitled to one month's pay in lieu of notice, which was not given. The termination of his services was held illegal and he was held entitled to be reinstated with full back wages and continuity of service.