HARDWARI LAL SHARMA Vs. PUSTAK MAHAL PUBLISHERS

JUDGEMENT

(1.) Hardwari Lal, in this intra court appeal impugns the judgment of learned Single Judge dated 6th Aug., 2012 passed in WP(C) No. 1333/2008 titled as Pustak Mahal Publishers Vs. Hardwari Lal Sharma whereby the award dated 10th July, 2007 passed by the learned Presiding Officer, Labour Court - II directing reinstatement of appellant with continuity of service and 50% back wages and all other benefits was set aside and the writ petition filed by the respondent-management was allowed.

(2.) The admitted case of the parties is that the appellant was employed as a clerk with the respondent on 1st Nov., 1978 where after he left the services and rejoined on 1st Sept., 1994 on a salary of Rs. 5700.00 per month on the post of Sales Manager. It is the case of the appellant that though he rejoined the services as Sales Manager but he was made to do clerical work. He gave no cause of grievance to the respondent. On 20th April, 2001 he was called by the Managing Director of the respondent and was asked to resign from the union and to finish the union. Since the appellant was an ordinary member of the union and he could not wind up the union, he refused to do so. On the same day at 2:30 p.m., he was given termination letter which he refused to accept and he was immediately terminated from services.

(3.) The appellant claiming himself to be a workman raised an industrial dispute challenging his termination. Reference was sent by Sh. Narendra Kumar, Secretary Labour, Govt. of NCT, Delhi on 15th Oct., 2001 vide reference No. F.24(2624)/2001-LAB/22941-45 pertaining to an industrial dispute between the management of M/s Pustak Mahal Publishers and its Manager Sh. Hardwari Lal Sharma in the following terms:-