SHER SINGH DAGAR Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) THE present petition under Articles 226 and 227 of the Constitution of India lays challenge the award dated 02.06.2009 passed by the learned Presiding Officer, Labour Court, Karkardooma Courts, Delhi in I.D. No.105/07 wherein the workman, respondent No.2 was granted the relief of reinstatement with 50% back wages and continuity of service.

(2.) BRIEFLY stating the facts emerging from the present petition are that Sh. Mohd. Isha, father of Shri. Mohd. Guddu, respondent No.2 had taken the farm/ land of the petitioner situated at plot No.6, Shahpur Club Road, Chandan Hulla, Mehrauli, New - Delhi -110030 on batai in the year 2002 on a consideration of Rs.30,000/ - (Rupees Thirty thousand) per year. Shr. Mohd. Isha was liable to pay the batai amount for three years, i.e, for the year 2002 -2003, 2003 -2004 and 2004 -2005. However, he did not pay the amount even on repeated demand and somewhere in the last week of August or first week of September, 2005 he, alongwith his family, silently walked away from the said house without giving any information or notice to the petitioner in order to avoid payment of the said amount.

(3.) ON 03.09.2005, respondent No.2 also left the farm house and while leaving the farm house he carried/ misappropriated property of the petitioner to a tune of Rs.25,000/ - (Rupees twenty five thousand) which consisted of costly wood, pipes, electrical goods and lights etc. Against this act of respondent No.2, the petitioner?s wife made a complaint to the police. Thereafter, the police started investigating the matter and as a counter blast to the police complaint of the petitioner, respondent No.2 in his illegal designs conceived a fictitious identity with its name and style as "Dagar Udyan Farm House? and initiated proceedings before the Deputy Labour Commissioner (South), Government of Delhi against the said Dagar Udyan Farm House.