JAI GOPAL KOHLI Vs. METHODEX SYSTEM LTD

JUDGEMENT

(1.) The present petition is directed against the impugned award dated 29th March, 2008 passed by Presiding Officer, Labour Court-I in ID No. 25 of 2006, whereby the Labour Court has held that the workman is not entitled to any relief or direction.

(2.) The facts as are germane for the determination of the present petition are that the petitioner was employed as System Executive since February, 1993 with the respondent-management, with last drawn wages of Rs.4680/-. According to the statement of claim filed by the workman, (i) he was denied legal benefits and because he protested, the management got annoyed and charge-sheeted him, and (ii) the management obtained his signatures on some blank papers and vouchers and terminated his services illegally on 23rd December, 2005. Although the management did not contest the period of service, designation and salary of the workman, however, they strongly disputed the factum of termination. On behalf of the management it was urged that the workman was unauthorizedly absent from his duty w.e.f. 21st December, 2005 without sanctioned leave or prior permission. It was stated that the management had sent a letter dated 23rd December, 2005 to the workman to explain his unauthorized absence. Thereafter, a show cause notice dated 4th January, 2006 was also issued to him but the workman did not respond to either of the two communications. The workman, as a counter blast, sent a demand notice dated 18th January, 2006 to the management.

(3.) The Labour Court, on the pleadings of the parties, framed the following issues: