LUCKNOW MEDICAL AGENCIES Vs. MOHAN SINGH

JUDGEMENT

(1.) THE appellant instituted a suit for recovery of Rs.84,000/ - which was dismissed by the learned Civil Judge on 15th September, 2005. The appellant preferred an appeal against the aforesaid judgment which was dismissed by the learned Additional District Judge on 25th May, 2006. The appellant has approached this Court in second appeal.

(2.) THERE was no appearance on behalf of the respondents and therefore, this Court appointed Mr. Anup J. Bhambhani, Senior Advocate as amicus curiae to assist this Court. Learned amicus curiae has made detailed submissions in the matter.

(3.) THE relevant facts in brief are that respondent no.1 was an employee of the appellant till 16th July, 1985 when he abandoned the job. After more than a year thereafter, respondent no.1 made a complaint to the Labour Commissioner, which resulted in a reference to the Labour Court on 9th March, 1987. The Labour Court passed an ex -parte award in favour of respondent which was challenged by the appellant before the High Court. The High Court set aside the award and remanded the matter to the Labour Court.