(1.) The challenge in this writ petition under Arts. 226/227 of the Constitution of India is to the award dated 14.03.2008 passed by the learned Labour Court vide which the claim filed by the respondent (hereinafter referred to as 'the workman') was allowed and he was awarded compensation to the tune of Rs.10,44,000/ - alongwith interest @ 18% per annum from the date of termination till realization besides litigation costs of Rs.10,000/ -.
(2.) The factual matrix of the case leading to filing of the present petition succinctly stated is as follows:
(3.) The workman was initially appointed on six months' probation with effect from 01.11.1970 by the petitioner (hereinafter referred to as 'the management') and on successful completion of probation period, he was given permanent employment with effect from 01.05.1971 as 'Peon -cum -Packing Assistant'. Thereafter, he was promoted as Senior Packer with effect from 01.01.1983 by the Controller of Head Office at Mumbai and then as an Assistant Charge Head with effect from 01.01.1990. On 17.02.1999, the Delhi Branch of the management issued a letter terminating the services of the workman with immediate effect on account of misconduct of theft and stealing the privileged and confidential documents from the branch office premises and threatening the employer to circulate it to the outside agencies. On receipt of the termination order, the workman sent his reply dated 05.03.1999 refuting the allegations and seeking reinstatement. The demand notices were also sent. Thereafter the workman filed an application for conciliation before the Conciliation Officer, Delhi Administration, Karampura, Delhi. On failure of conciliation proceedings, Mr Satish Gathwal, Secretary Labour, Government of NCT, Delhi on 14.10.1999 vide reference No. F.24 (3917)/99Lab./4242226 referred the dispute between the management of M/s Johnson & Johnson Ltd. and its workman Shri Gejendera Singh Rawat, in the following terms of reference:
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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