INDIA HOSIERY Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioner has filed the present writ petition challenging the ex - parte award dated 25th October, 2005 passed in new ID No. 126/2004 (ID No. 373/1997) titled Sh. Sadavriksh Tiwari v. India Hosiery. By virtue of the aforesaid ex -parte award the learned Presiding Officer, Labour Court -XII, Karkardooma, Delhi directed the reinstatement of the petitioner with payment of 40% of back wages.

(2.) BRIEFLY stated the facts leading to the filing of the present petition are that the respondent/workman alleged that he was working with the petitioner w.e.f. January 1993 and that he was drawing the wages of Rs. 2,000/ - per month, though he never gave any chance for complaint to the petitioner yet his services were terminated on 14th December, 1995. It is alleged by the respondent/workman that the termination of services had been occasioned as the respondent/workman had demanded a sum of Rs. 10,000/ - which was deposited by him with the petitioner/management up till November, 1995 which the petitioner was postponing to pay for the one reasons or the other. The Government of NCT of Delhi made a reference on 17th March, 1999 as to whether, the services of the Sadavriksh Tiwari have been terminated illegally and unjustifiable by the petitioner/management and, if so, to what relief he is entitled and what directions are necessary to be issued to the petitioner/management in this regard.

(3.) IT is alleged by the petitioner/management that after the judgment was reserved the respondent/workman who was permitted by the learned Presiding Officer, Labour Court passed an order on the application of the respondent/workman for recording of his evidence. This was done by the learned Labour Court without issuing notice to the petitioner/management and thereafter, it proceeded ahead to pass the impugned award directing the reinstatement of the respondent/workman with 40% of back wages.