TRINA ENGINEERING COMPANY P LTD Vs. SECRETARY LABOUR

JUDGEMENT

(1.) The respondent No. 3/Mr. Ramaji (hereinafter referred to as 'the workman') was working with the petitioner (hereinafter called as 'the management') as Turner. According to him, he was employed on November 2, 1978. He approached the Conciliation Officer alleging that he was refused duty by the management which tantamounted to termination of his services. As the conciliation proceedings ended in failure, following reference was made by the Secretary (Labour), Delhi Administration to the Labour Court No. VII for adjudication:

(2.) After adjudicating the dispute, the learned Labour Court vide its award dated February 17, 1990 held that termination of the workman's services was bad in law. However, for reasons stated in the award, the Labour Court declined to grant back wages and thus held that the workman was entitled to be reinstated with continuity of service but without any wages.

(3.) This writ petition has been filed by the management challenging the said award in so far as it relates to relief of reinstatement having been given to the workman. It may be noted that the workman had also filed CWP No. 1836/1990 (sic) against that part of the award whereby he was denied the back wages. Rule was issued in both the petitions on April 24, 1991. However, the petition filed by the workman was ultimately dismissed in default for non-prosecution. In this petition also the workman has not appeared at the time of arguments and, therefore, I have heard Mr. Vinay Sabharwal learned counsel for the management,