INDIAN RED CROSS HOSPITAL A UNIT OF INDIAN RED CROSS SOCIETY Vs. PRESIDING OFFICER INDUSTRIAL DISPUTE TRIBUNAL KARKARDOOMA COURT SHAHDARA

JUDGEMENT

(1.) By this order, I shall dispose of an application under Section 17-B of Industrial Disputes Act made by respondents No.2. It is submitted in the application that the petitioner has challenged the award directing reinstatement of the respondent No.2 with full back wages and the operation of award has been stayed. The respondent has not been reinstated in terms of award. The respondent/workman was unemployed and is not engaged in any activity. He, unfortunately, met with an accident on 29.2.000 and lost his left arm and was unable to earn his livelihood. Management was now paying Rs.4500 per month to nursing orderly, the post on which, the respondent was working and, therefore, the respondent was entitled to last drawn wages during pendency of the writ petition. The application is accompanied by an affidavit wherein the respondent has submitted that he was unemployed and not employed in any establishment.

(2.) In reply to this application, it is submitted that the respondent had not come to the Court with clean hands. The respondent No.2 was gainfully employed with M/s British Motor Company after leaving services of the petitioner. He was working there as a mechanic. He met with an accident and after accident, he was unemployed due to his accident. The accident had taken place when he was working with M/s British Motor Company. It is submitted that the respondent No.2 was not required to be reinstated because of subsequent employment with the company.

(3.) After filing application and reply, the petitioner filed certain documents including the claim petition filed by the respondent before Motor Accident Claim Tribunal, Gautam Budh Nagar and award given in favour of the respondent under Workmen's Compensation Act. A perusal of the claim petition, filed by the respondent before District Judge, Gautam Budh Nagar in the year 2000, would show that the respondent claimed that he was working as a mechanic and was earning Rs.4,000.00 per month. This would show that the respondent was a trained mechanic and used to repair the vehicles. An award was passed by Motor Accident Claim Tribunal in favour of the respondent on 15/11/2003. The respondent was awarded a sum of Rs.3,32,160.00. The award would show that he was declared to have 60% disability. His left hand had to be amputed. During evidence before the Motor Accident Claim Tribunal, the respondent deposed that he was working with British Motor Company and he was earning Rs.3,980.00 per month as salary.