LAWS(DLH)-2008-11-245

KISHAN SINGH Vs. CHANDRA PRINTERS CO P LTD

Decided On November 12, 2008
KISHAN SINGH Appellant
V/S
CHANDRA PRINTERS CO P LTD Respondents

JUDGEMENT

(1.) By way of the present petition the petitioner assails the Award of the Industrial Adjudicator whereby the reference made on behalf of the petitioner was negatived.

(2.) Briefly, the facts giving rise to the present petition are that the workman was working as a Machine Operator since 1st July, 1987 with the management/respondent. According to the workman his last drawn salary was Rs. 4,200/- per month. The workman alleged that when legal benefits were sought by him, the management got annoyed and arbitrarily terminated his services on 9th August, 2000 without following due process of law. The workman further alleged that his earned wages from 1st August, 2000 to 9th August, 2000 were also not paid by the management. The Management contested the claim of the workman by asserting that the services of the workman were never terminated, but that the latter himself absented from work w.e.f. 1st June, 2000 without any intimation. According to the management the workman came on 7th June, 2000 to collect his salary for May, 2000 and in response to a query why he had remained absent unauthorisedly, the workman replied that owing to some domestic problem , he was unable to attend to his duties. The management had in this behalf also sent two letters to the workman asking him to report for duty but the workman did not turn up.

(3.) The Industrial Adjudicator on the pleadings of the parties, inter alia, framed the following issue: