LAWS(DLH)-2008-2-56

HANDA OFFSET Vs. GOVT OF NCT

Decided On February 21, 2008
HANDA OFFSET Appellant
V/S
GOVT. OF NCT Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order dated 20. 01. 2006 passed by the learned Single Judge dismissing the review application filed by the appellant.

(2.) THE respondent No. 2 was working with the appellant for about four years when his services were terminated with effect from 9th August, 1994. It was alleged that the aforesaid termination was illegal and unjustified as it was passed in violation of the provisions of Section 25 (f) and also other provisions of the Industrial Disputes Act. Since a dispute was raised by the respondent no. 2, the appropriate Government referred the dispute on the following terms:

(3.) BEFORE the Industrial Adjudicator, the stand taken by the appellant was that the workman had joined the services of the appellant only effective from 1st June, 1994 and that he left the service of his own, after submitting a resignation letter and taking full and final payment from the appellant. Parties led evidence before the Industrial Adjudicator and on conclusion of the trial, the Labour Court found that the aforesaid termination was illegal and unjustified and directed for reinstatement of the workman with 50% of the back wages.