MANI LAL Vs. MATCHLESS INDUSTRIES OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition under Articles 226 and 227 of the Constitution of India is to the order dated 28.03.2008 whereby the preliminary issue regarding enquiry was decided in favour of the respondent and award dated 15.01.2011 passed by the learned Presiding Officer, Labour Court, Kakardooma Courts, Delhi in ID No.46/2010 (new) 368/2011 (old) whereby termination of services of the petitioner was held to be legal and justified.

(2.) The petitioner (hereinafter referred as to 'the workman') was working as helper with the respondent (hereinafter referred to as 'the management') since the year 1987. He was suspended on 10.08.1999 and thereafter his services were terminated with effect from 21.05.2000. An industrial dispute was raised by him. The Secretary (Labour), Government of NCT of Delhi vide its order number F.24 (4666)/2000-Lab./2907 11 dated 02.02.2001 referred the industrial dispute to the Labour Court with the following terms of reference:

(3.) Thereafter the workman filed its claim alleging inter alia that he joined the management in the year 1987 as helper and his last drawn salary was Rs.2348/- per month. Although he was performing his duties as a skilled worker, yet the management was paying his salary for the post of labour. When he demanded the wages as per his work, the management got annoyed and issued a show cause notice dated 14.07.1999 levelling false allegations of slowing down the production. He (the workman) submitted his reply on 22.07.1999. The management suspended him with effect from 10.08.1999 and issued him charge-sheet dated 13.08.1999. An enquiry was conducted by the management without following the principles of natural justice and after conclusion of enquiry his services were terminated with effect from 21.05.2000. It was further alleged that the production of an unskilled person depends on the performance of a skilled worker. As he was getting salary only of an unskilled person, therefore, the management cannot level allegations of less production against the workman. Besides taking work of a skilled person and paying salary of an unskilled worker amounts to unfair labour practices. The punishment imposed by the management does not commensurate with the alleged misconduct. The workman has been without employment since the date of termination of services as such he prayed for reinstatement in service with full backwages.