UNIVERSITY OF DELHI Vs. RAM SAGAR

JUDGEMENT

(1.) This petition has been filed challenging the award of the Labour Court. The Delhi Administration referred the following dispute for adjudication to the Labour Court :

(2.) The Labour Court held that it was not a case of wilful abandonment of service by the workman and it went on further in holding that it was a case of termination of service without any show cause notice, pay in lieu of notice and compensation. Aggrieved by this award, the petitioner has filed the present writ petition. The award was stayed on 17th November, 1995 by this Court.

(3.) Mr.Luthra, learned counsel for the petitioner has vehemently contended that the award is perverse as the learned Labour Court has not taken into consideration the fact that respondent no.1-Ram Sagar was a daily wager and has not understood the true effect of letter of the petitioner dated 29.1.1986 which was merely a work experience certificate which was given at the behest of the respondent. He has further contended that the Labour Court has not taken into consideration that the certificate was acquired by the respondent as the respondent wanted to get another job. The finding of the Labour Court that it was not the case of abandonment of the work by the workman but termination, was on the basis of wrong premises. The learned counsel for the petitioner has further contended that the Trial Court erred in granting full back wages and continuity in service, even though the workman was a daily wager and there was no question of providing any continuity in service. The last submission of the learned counsel for the petitioner was that the finding of the Labour Court that in the absence of no letter for recalling the workman to join the duty, the presumption on the part of the Labour Court that it was obligatory on the part of the petitioner to have issued a letter to the respondent, was not correct as no such practice operated in the department of the petitioner.