SURESH BABU Vs. INDRAPRASTHA GAS LIMITED

JUDGEMENT

(1.) THE petitioner by virtue of the present writ petition has challenged the award dated 29th February, 2008 passed by the learned Labour Court No. XVIII in ID No. 567/06/03 in case titled Shri Suresh Babu v. Indraprasha Gas Limited. By virtue of the aforesaid award the learned Labour Court has decided the issue framed by it that the petitioner had not remained unauthorisedly absent from the service as claimed by the management. On the contrary he was not permitted to resume his duties w.e.f. 9th January, 2003, and therefore, it was held that the termination of his services was in violation of provisions of 25F of the Industrial Disputes Act, 1947. However, instead of ordering the reinstatement and payment of full back wages, the learned Labour Court directed the payment of Rs. 75,000/ - towards the full and final settlement in lieu of reinstatement and payment of back wages.

(2.) BRIEFLY stated the facts of the case are that the petitioner claimed himself to be employed by the respondent/management on 28th June, 2000 as a temporary driver requiring him to drive vehicle under the City Gas Control Room. It is alleged by him though he worked till 8th January, 2003, however, the respondent without any rhyme or reasons did not permit him to join the duties from 9th January, 2003 and treated him to be absent.

(3.) AS stated hereinabove instead of payment of full back wages and reinstatement, the petitioner was given a lump sum compensation of Rs. 75,000/ -.