CHANDRA PRABHU INTERNATIONAL LTD Vs. RAM AVTAR

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India to challenge the award of the labour Court, which was pronounced on 4. 5. 2007 whereby the petitioner was held entitled to reinstatement with continuity of service along with 50% back wages and all other benefits.

(2.) THE sole ground of challenge urged by learned counsel for the petitioner is that the impugned award is perverse for the reason that the termination claimed by the workman has in fact not been proved by him by placing either any dismissal or termination order before the Labour Court. He states that since this was not done by the respondent/workman, he failed to discharge the onus placed upon him in this regard and, therefore, the learned Labour Court ought not to have directed his reinstatement with continuity of service along with 50% back wages and all other benefits.

(3.) THE petitioner claims that it employed the respondent/workman as a clerk in September, 1995 in terms of his letter of appointment, his services were transferable from one place to another. On 21. 10. 1999, the respondent/workman was transferred by the petitioner to its Guwahati establishment but he refused to receive the transfer letter and also failed to join duties at Guwahati. Nor did he come to the Delhi office thereafter. After about two months of this refusal, the respondent sent a demand notice alleging that his services were arbitrarily and illegally terminated from 22. 10. 1999. This allegation is stated to be totally baseless.