MOHAN OVERSEAS LTD. Vs. RAM KUMAR SHARMA

JUDGEMENT

(1.) Challenge in this writ petition is to the award dated 19.12.2011 passed by learned POLC-V, Karkardooma Courts, Delhi in DID No.737/2008, vide which the respondent-workman was awarded 75% of his wages @ Rs.5,700/- per month with effect from 09.05.2015 till date of passing of award besides cost and litigation expenses to the extent of Rs.20,000/-.

(2.) The factual matrix of the case as revealed from the award is that the workman was working as a labour in store department of the management since 1997 on a monthly salary of Rs.5,700/- per month. On 09.05.2005, the management terminated his services illegally with mala fide intention and did not allow him to join his duties. A demand notice was sent on 22.10.2005 but the management did not reply. As such, directions were sought to reinstate him in service with continuity of service and full back wages.

(3.) The case was contested by the management on the ground that the management never terminated the services of the workman. He himself abandoned his services since 01.05.2002. No notice was ever served by the workman upon the management. On the pleadings of the parties, following issues were framed by the Labour Court:-