G.D. ENGINEERING WORKS Vs. ARVIND KUMAR

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the Award dated 16th November, 2013 passed by the Presiding Officer, Labour Court -XVI, Karkardooma Courts, Delhi in ID No. 286/2009 whereby the termination of the respondent (hereinafter referred to as "workman") was held to be illegal and he was awarded a lump sum compensation of Rs. 2 lacs.

(2.) THE workman claimed to be working with the petitioner (hereinafter referred to as the "management") as a Turner and alleged his illegal termination on 1st June, 2006. An industrial dispute was raised, with the result the Dy. Labour Commissioner vide reference dated 28th August, 2009 referred the following dispute for adjudication: -

(3.) THE management contested the claim of the workman by filing written statement wherein preliminary objections were taken, inter alia, on the ground that the workman has left the job on his own after settling all his accounts on 31st March, 2004. The present claim has been filed in the month of September, 2009, i.e., after a lapse of around 5 years. Moreover, the workman is a habitual litigant and has filed industrial dispute against M/s. Gupta Engineering Co. and Sat Engg. Works (India). On merits, relationship of employer and employee was not disputed. However, it was alleged that the last drawn salary of the workman was Rs. 4500/ - per month. It was denied that the management has illegally terminated the workman. In fact the workman himself stopped appearing on his duties and abandoned the services after settling his accounts with the Management on 31st March, 2004. The workman was not unemployed as he was working as a salesman, as such, dismissal of the claim was prayed.