HARI OM Vs. BALAJI MECH-TECH PRIVATE LIMITED

JUDGEMENT

(1.) Cm APPL. 6301/2018

(2.) In his statement of claim, the petitioner claimed that he was working with the respondent/Management as Peon/Godown Keeper/Field Worker since 103.1990 at an interim salary of Rs.2,800/- per month. He alleged that the respondent did not issue him letter of appointment, attendance card, leave book, pay slip and pay him the over-time allowance and minimum wages. When the petitioner demanded the same, the respondent started harassing him. The Management got irritated by such demands of the petitioner and ultimately on 10.09.2006 after obtaining his signatures on the blank vouchers the respondent/management terminated his services without any reason. He was also not paid his arrears of salary for the period from 01.06.2006 to 10.09.2006.

(3.) In its written statement, it is pleaded by the respondent/Management that the petitioner had worked with them in two spells; firstly, from 15.01.1995 to 002.2000 when he resigned of his own and collected his dues. He again joined the duties with the respondent/Management with effect from 06.04.2000 and worked with them till 17.07.2006 after which he started absenting from duty despite several letters and reminders from the Respondent/Management. It is denied that the services of the petitioner were terminated by the Respondent/Management on 10.09.2006. It is pleaded that the respondent sent letters dated 27.07.2006 and 16.08.2006 to the petitioner asking him to report for duty but he failed to do so. It was pleaded that even if the workman wishes to join back he may do so immediately.