AGGARWAL TRADERS Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioner impugns award dated 02.11.2012 passed by learned Presiding Officer, Labour Court, Karkardooma Courts, Delhi in LIR/D No.156/2010 whereby learned Labour Court decided all the issues in favour of respondent No.2/ workman and granted reinstatement with full back wages and continuity of service and all consequential benefits.

(2.) BRIEFLY stating the facts of the case are that respondent No.2/ workman filed statement of claim under Section 10(4A) of Industrial Disputes Act, 1947 (hereinafter referred to as 'ID Act') against the petitioner/ Management on the grounds, inter alia, that he was working with the petitioner as Machineman w.e.f. 07.08.1988. He was drawing salary of Rs.5,850/ - per month. The petitioner issued a show -cause notice dated 07.02.2010, which was replied by him and thereafter his services were terminated w.e.f. 22.04.2010 on the basis of false allegations. Respondent No.2 sent legal demand notice dated 17.05.2010 which was not replied by the petitioner. The petitioner/ Management filed written statement and alleged that the respondent No.2 was a habitual absentee. The respondent No.2 left services of the Management w.e.f. 27.07.2009.

(3.) IN the industrial dispute the learned Labour Court framed issues on 15.03.2011. On 03.10.2012 learned Labour Court proceeded ex -parte against the petitioner and finally the impugned award dated 02.11.2012 was passed.