DURGA PRECISION UDYOG Vs. SIYA RAM TIWARI

JUDGEMENT

(1.) THESE two petitions arise out of the award dated 25.02.2012 passed by the learned Presiding Officer, Labour Court No. IX, Karkardooma Courts, New Delhi in ID No. 34/08 (Unique Case ID No. 02402CO143652008) wherein the Presiding Officer held that the services of the workman were terminated illegally and unlawfully by the management and further held that the workman is entitled to full back wages for 5 months w.e.f. 01.08.2005 to 31.12.2005 at the rate of Rs. 2,500/ - (Rupees Two thousand five hundred) per month or minimum wages of a skilled labour whichever is higher on that date and is also entitled for compensation @ 40% of his back wages @ Rs. 2500/ - or minimum wages of a skilled labour, whichever is higher w.e.f. 26.03.08 up till 25.02.12. The management was further directed to pay the aforementioned amount within a period of two months from the date of the award, failing which the amount was to carry simple interest @ 8 % p.a.

(2.) SINCE both these petitions are between the same parties and lay challenge to the award dated 25.02.2012, they are being disposed of by this common judgment. For the sake of brevity, the facts are being extracted from W.P.(C) No. 3171/2012.

(3.) THEREAFTER , the respondent/ workman raised an Industrial Dispute against his alleged termination. In the statement of claim filed by the respondent, it was contended that he was appointed as a Dye Casting Operator with M/s. Durga Procession Industry (petitioner herein) on 01.01.2001 at a monthly salary of Rs. 2,500/ - (Rupees Two thousand five hundred). On 01.01.2004, the management of the petitioner issued an Employees State Insurance card (for short 'ESI Card') to the workman which was given to him on 15.02.2005. On 01.11.2005, an aluminum nail pierced in the foot of the respondent while running the Dye Casting machine, which led to the respondent being admitted to a private hospital for treatment. The respondent made repetitive requests to the petitioner's management to fill his accident form. However the management did not do the same and further blocked the ESI Card of the respondent as a result of which his medical treatment was not conducted properly. The petitioner neither paid the respondent's hospital bill nor did they pay outstanding wages earned by the workman from 01.10.2005 to 31.12.2005. On respondent's request for payment of the said amount, the petitioner terminated the services of the respondent on 31.12.2005 without making any payment towards his hospital bill and outstanding earned wages. On 01.01.2006, the respondent referred his request to the Industrial Workers Union, who sent a demand notice dated 02.01.2006 to the management and demanded the payment of the entire amount in favour of the respondent. However, the petitioner did not respond to the said demand notice as a result of which on 17.01.2006, the officer of the Industrial Workers Union filed a complaint before the learned Additional Labour Commissioner, Ashok Vihar, Delhi. The said complaint too did not yield any result. The respondent thereafter filed a complaint before the learned Labour Settlement Officer, Labour Office, Ashok Vihar, Delhi and sent various notices from time to time to the petitioner but neither did the management appear before the Labour Office, nor did they file any reply to the said notice.