SATYA VIR SHARMA Vs. GUL MARG ICE FACTORY

JUDGEMENT

(1.) The present appeal has been filed seeking setting aside of the judgment and order dated 18th August, 2006 passed by Learned Single Judge as well as for an order/direction to the Respondent Management to reinstate the Appellant workman with full back wages.

(2.) Briefly stated, the facts as alleged by the Appellant workman are that on 20th October, 1980 the Appellant workman was appointed/employed as a Storekeeper by the Respondent Management. The Appellant alleges that after 19 years of unblemished service, the Appellant s employment was terminated by the Respondent Management. It was further alleged that despite two demand notices dated 1st February, 2001 and 25th April, 2001 the Respondent Management did not pay the dues as claimed by the Appellant workman.

(3.) As the dispute between the parties could not be settled by the conciliation officer, the Secretary of Labour Department, Government of NCT of Delhi in exercise of powers conferred under Section 10(c) and 12(5) of the Industrial Disputes Act, referred the Appellant s case to the Labour Court. Though the Respondent Management filed reply to the claim, it did not appear thereafter and was proceeded ex-parte. However, the learned Tribunal having found no force in the claim of the Appellant dismissed the same holding that the Appellant s services had been retrenched after making payment in accordance with law.