ULTIMATE FASHION PVT LTD Vs. SHARAFAT ALI

JUDGEMENT

(1.) The present petition is directed against the award of the Labour Court dated 6th October, 2005, whenunder it was held that the termination of the service of the respondent workman by the petitioner management without complying with the provisions of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), was illegal and unjustified and it was directed that the respondent workman be reinstated with 50% back wages.

(2.) In the statement of claim filed by the respondent workman before the Labour Court, he claimed that he joined the services of the petitioner management as a Tailor in November, 1994 and his last drawn salary was Rs. 4000/-per month. It was averred that the petitioner management was not maintaining proper records of statutory benefits like Provident Fund, ESI etc. and when the respondent workman demanded the same, the petitioner management became vindictive and revengeful, and when the respondent workman took a leave of seven days after getting the same approved by the petitioner management and returned to resume duty on 4th December 2000, he was informed by the petitioner management that his services had been terminated. The respondent workman claimed that he was not paid his earned wages for the period w.e.f. 1st November 2000 to 3rd December, 2000, and was neither issued any notice, nor paid any compensation in lieu of notice and therefore, the petitioner management had violated the provisions of Sections 25 F, 25G, 25H of the Act. Thereafter the workman sent a demand notice dated 5th December 2000 to the petitioner management and having received no positive response, an industrial dispute was raised by the respondent workman which was referred for adjudication in the following terms of reference:

(3.) In its written statement, the petitioner management pleaded that it had never terminated the services of the respondent workman and in fact, he had himself left the job on his own on 31st October 2000, after settling his dues in full and final. While denying the contention of the respondent workman, it was stated that the respondent workman had joined the services of the petitioner management as an 'Alter Man' on 1st June 1999 and his last dawn salary was Rs. 3000/-per month.