LAWS(DLH)-2015-9-258

BLISS REFRIGERATION PVT. LTD. Vs. NASEEB ALAM

Decided On September 18, 2015
Bliss Refrigeration Pvt. Ltd. Appellant
V/S
Naseeb Alam Respondents

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 and 227 of the Constitution of India challenging the order dated 3rd September, 2014 passed by the Presiding Officer, Labour Court-XIX, Karkardooma Courts in case ID No. 02402CO298242012 LIR No. 504/2012 whereby application moved by the respondent seeking production of documents was allowed.

(2.) The brief facts relevant for the adjudication of this petition are that the respondent/workman was in employment of the management since November, 2008 as an A.C. Technician and according to him his services were illegally terminated on 23rd April, 2012. It is further alleged by him that he is a member of the union and was deprived of various legal facilities such as annual yatra bhatta, annual increment, ESI, PF and bonus etc. His services were terminated illegally without payment of his earned wages, without giving any notice or notice pay or retrenchment compensation. It was also alleged that the services of the workman were terminated although juniors to him were still continuing with the management and same work is being taken by the juniors to the workman and by newly appointed employees. Thus, the termination was alleged to be in violation of Section 25F, 25G and 25H of the Industrial Disputes Act.

(3.) The claim of the workman was resisted by the petitioner/Management on the ground that a theft of copper worth Rs.1.5 lacs has taken place in their store on 23rd April, 2012 and when the workman was enquired about it, he could not give satisfactory answer and left the job on his own accord.