SURAJ PRAKASH Vs. MANAGEMENT OF RAJPAL KNITWEARS

JUDGEMENT

(1.) The petitioner in this writ petition under Article 226 and 227 of the Constitution of India has challenged the award of the Labour Court dated 8th December, 1971 in Industrial Dispute No. 64 of 1971. The Presiding Officer, Labour Court while accepting the contention of the petitioner that the termination of the services of the petitioner were illegal and void refused to grant him reinstatement and awarded compensation of Rs. 550.00 in lieu of the termination.

(2.) The facts of the case lie in a very narrow compass. The petitioner was appointed by respondent no. I to work on the Flat Machine in the year 1968. The salary last drawn by the petitioner was Rs. 175.00 per month at the time of the termination of his services. The petitioner's services were terminated vide respondent's letter dated 4th March, 1971 on the ground that respondent no. I had closed down the working of the Flat Machine and thus the services of the petitioner were no longer required. The case of the petitioner all through had been that the termination of the petitioner was malafide and amounted to vitimisation. A dispute was raised by the petitioner before the Conciliation Officer, Delhi. The conciliation proceedings however failed and, therefore, a dispute was referred by the Delhi Administration to the Labour Court for adjudication. The term of reference read thus:

(3.) Before the Labour Court the petitioner filed his written statement and prayed that he may be reinstated with continuity of service and full back wages. Respondent no. I did not file its written statement nor appeared before the Labour Court to explain its case. The Labour Court, therefore, gave an ex-parte award in the absence of the respondent no. 1.