LAWS(DLH)-2006-10-25

ATLAS GLASS PVT LTD Vs. SUBHASH CHANDER

Decided On October 05, 2006
ATLAS GLASS PVT. LTD. Appellant
V/S
SUBHASH CHANDER Respondents

JUDGEMENT

(1.) By this writ petition, the petitioner has assailed the validity of award dated 11/9/2003 passed by Labour Court-X directing the petitioner to reinstate the workman with full back wages and continuity in service.

(2.) Briefly, the facts are that the respondent workman raised an industrial dispute alleging that he had worked with the petitioner from September, 1996 onwards at a salary of Rs.1900.00 p.m. as a Lineman. His services were wrongfully terminated without assigning any reasons w.e.f. 1/4/1998 and he was not paid salary from 1/3/1998 to 31/3/1998. He raised an industrial dispute about his illegal termination which was referred to the Labour Court for adjudication in following terms:

(3.) Management disputed the claim of the respondent workman regarding termination of his services as well as date of appointment. The management pleaded that respondent was appointed as helper on 1/11/1997 temporarily on probation at a monthly salary of Rs.1900.00 p.m. He resigned from the job on 28/2/1999 and received all his dues in full and final. He made a false claim about his termination. There was no industrial dispute in existence.