KHUBHI RAM Vs. M/S. ASHOK LEYLAND LTD.

JUDGEMENT

(1.) These proceedings emanate from reference No. F.24 (1144)/93-LAB, whereby and where under the Government of National Capital Territory of Delhi, through the Secretary (Labour), referred an industrial dispute, raised by the petitioner, for adjudication to the learned Labour Court (II), Karkardooma. The contention of the petitioner was that, though he had served the respondent, as dispatch clerk, satisfactorily from 24th November 1986 to 20th August 1992, his services were abruptly terminated on 20th August 1992, without complying with the mandate of Section 25F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). He contended that, though he had visited the office of the respondent till 30th August 1992, he was not permitted to work, thereby compelling him to raise the aforementioned industrial dispute.

(2.) The term of reference as drawn up by the Government while referring the aforementioned industrial dispute for adjudication to the learned Labour Court read thus:

(3.) Statement of Claim was filed, by the petitioner, before the learned Labour Court, on 04th November 1993. The petitioner sought, therein, to assail his termination, by the respondent, on 20th August 1992, on the ground that it had been effected without complying with Section 25F of the Act. He also submitted that, though he had been employed, with the respondent, since 24th November 1986, as dispatch clerk, on wages of Rs. 1100/- per month, the respondent had, illegally, issued any appointment letter to the petitioner. Similarly, he submitted that no attendance card, leave book, ESI card and Provident Fund Account etc. were maintained by the respondent qua him. It was also contended that the respondent did even pay him minimum wages and that his abrupt termination was a retaliation to a demand, by him, therefor. Salary, the petitioner contended, was paid to him against vouchers.