FLOORTEX COLLECTION Vs. VIKRAM THAPA

JUDGEMENT

(1.) The challenge in this writ petition is to the award dated Oct. 15, 2012 of the Industrial Adjudicator in a petition filed by the petitioner under Sec. 11A of the Industrial Disputes Act, 1947. The said petition resulted in the claim of the respondent having been accepted by the Industrial Adjudicator, to the extent that the Industrial Adjudicator has granted a compensation of Rs. 1 lakh to the workman, to be paid within a period of 30 days from the date of the award, failing which, the interest at rate of 8% per annum from the date of publication of the award till realization, was payable by the petitioner to the respondent.

(2.) It was the case of the respondent that he worked with the petitioner since 1991 as a skilled worker at the last drawn salary of Rs. 6000.00 per month and was doing his work with satisfaction and had not given any chance of complaint whatsoever to the management. He has stated that he was not provided any appointment letter, attendance card, leave book, pay slip, yearly and sick leave, overtime and bonus by the respondent. He had stated that the petitioner had assured him to provide the aforesaid legal facilities but did not pay any heed and terminated his services on December 13, 2008, without paying his earned wages from Oct. 1, 2008 to Dec. 13, 2008, after obtaining his signatures on some blank papers. He has also stated that he regularly went to the petitioner-management office for work but he was never permitted to enter there. He stated, again on Jan. 17, 2009, when he reached the premises of the petitioner, he was threatened that he would be implicated in a false case. He also refers to a demand letter dated Jan. 19, 2009 sent to the petitioner. He further alleged that he was rendered jobless by the act of the petitioner.

(3.) The petitioner had contested the claim of the respondent, by stating that, there is no cause of action for the respondent to file a claim petition against it.