DHARMENDER KUMAR Vs. ADVANCE MACHINERY & ANR

JUDGEMENT

(1.) Cm APPL. 21133/2018 (Exemption) Exemptions granted subject to all just exceptions.

(2.) The facts giving rise to file the present writ petition are that a Reference No.F.3(27)/11/Ref./WD/LAB/380 dated 28.07.2011 was made by the Government of NCT of Delhi under Section 10(1)(c) and 12(5) of the Industrial Disputes Act, 1947 for adjudication to the Labour Court. The terms of the reference are as under:-

(3.) After completion of the pleadings and framing of issues, both the parties have adduced their respective evidence. The Industrial Adjudicator concluded that the services of the petitioner/workman were terminated by the respondent No.1/Management illegally and unjustifiably. However, while granting the relief, keeping in view the short length of service with the respondent No.1, the Industrial Adjudicator awarded a lumpsum compensation of Rs.30,000/- to the petitioner in lieu of his reinstatement. It was also held that there was no relationship of employer and workman between the petitioner and respondent No.2. The respondent No.1 was directed to pay the compensation within one month of the award coming into force failing which the interest @9% per annum shall be payable from the date of the award till payment. Cost of the litigation for Rs.5,000/- was also awarded to the petitioner.