TRAVEL CARES Vs. B K TIWARI AND ORS

JUDGEMENT

(1.) This writ petition is directed against the award/order of the Labour Court passed in ID No. 178/1994 dated 22.6.1999. By virtue of the said order, it has been held that the services of Shri Harish Chand Sharma were illegally terminated by the Management Travel Care and consequently he has been held entitled to full back wages. The said Award was passed ex parte against the Management. Learned Counsel for the Management submits that the Management should be given an opportunity to present its case before the Labour Court and accordingly prays that the case be sent back to the Labour Court for trial on merits. Learned Counsel for the workman has no objection if such an order is passed provided the Management continues to pay wages to the workman as was ordered by this Court on 4.3.2005.

(2.) Having regard to the submissions made, the Award dated 22.6.1999 passed in ID No. 178/1994 is set aside. The dispute between the parties is remanded back to the Labour Court No. VII Tis Hazari for re-trial after giving opportunity to both the parties to lead evidence in support of their respective case. The Labour Court is directed to dispose of the reference as expeditiously as possible and not later than six months from the date of the present order. In the meanwhile, the Management is directed to comply with the order dated 4.3.2005 passed by this Court. The Management shall deposit the arrears of wages in terms of the said order in the bank account of the workman, particulars whereof have been furnished to the learned Counsel for the Management by learned Counsel for the workman.

(3.) With the above observations the writ petition stands disposed of. The parties are directed to appear before the Labour Court on 22.2.2007.