MAHESH CHAND Vs. GODREJ SARA LEE LTD

JUDGEMENT

(1.) BY this writ petition, the petitioner has assailed the validity of the award dated 20th May, 2005 passed by the Labour Court-VII, Delhi, whereby the tribunal dismissed the claim of the petitioner without granting him any relief.

(2.) BRIEFLY, the facts are that: (a) the petitioner claimed to be employed by the respondent as a Driver somewhere in the year 1995. The petitioner further claimed that he was not given any appointment letter by his employer; that he worked continuously with the respondent for four years till 15th December, 1998 when his services were terminated by the management without issuing any reason and without paying him retrenchment compensation or notice pay as required under law. He claimed that his termination was violative of the provisions of Section 25 of the Industrial disputes Act, 1947 and that, therefore, he raised a dispute by sending a demand notice to the respondent through his counsel and also his trade union. The petitioner claimed that since the respondent did not reply to the demand notices, the petitioner approached the Department of Labour, Government of delhi with his grievances. According to the petitioner, on the basis of his complaint the Labour Inspector visisted the respondent and tried to persuade the respondent to accede to the demand of the petitioner but to no avail. That the petitioner thereafter approached the Conciliation Officer but the matter could not be settled. Therefore, it was referred to the Industrial Adjudicator with the following terms of reference:

(3.) BEFORE me the main grievance of the learned counsel for the petitioner is that the Industrial Adjudicator failed to appreciate the true import of ex. WW1/4, Ex. WW1/5 and Ex. WW1/6 and that, therefore, the finding of the industrial Adjudicator is perverse.