FAIRDEAL INDUSTRIES Vs. SUNIL KUMAR MISHRA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India moved by petitioner challenges the award dated 07.07.2012 passed by the learned Presiding Officer, Labour Court, Karkardooma Courts, Delhi in DID No.253/2010.

(2.) The respondent workman filed a claim petition against the petitioner management inter alia on the allegation that he worked with the petitioner management since 1998 as an operator and was getting Rs.18,500/- per month. However, in the month of March, 2008 he was threatened to resign from service by force and was asked not to report for duty with effect from 01.04.2008. The workman requested the petitioner management to allow him to join duties, but his services were illegally terminated on 31.03.2008 without giving any charge-sheet and without holding any enquiry. The petitioner management also did not pay any wages from 01.02.2008 to 31.03.2008 amounting to Rs.37,000/- and PF amounting to Rs.58,000/- approximately. A demand notice dated 20.02.2009 was also served upon the management but the management failed to fulfil the demands of the workman. As such he claimed reinstatement in service with full back-wages.

(3.) The claim of the workman was contested by the management inter alia on the allegations that the workman was never terminated by the management and he himself resigned from the management in February, 2008 and did not join duties. It was not denied by the management that the workman was in the employment of the management on the post of operator since 1998 but it was denied that his salary was Rs.18,500/- per month. It is alleged that the last drawn wages of the workman was Rs.5400/- per month.