LAWS(DLH)-2009-2-56

MEHRASONS JEWELLERS PVT LTD Vs. JAGDISH

Decided On February 24, 2009
MEHRASONS JEWELLERS PVT LTD Appellant
V/S
JAGDISH Respondents

JUDGEMENT

(1.) THE petitioner/management by virtue of the present writ petition has challenged the award dated 15th May, 2006 passed by the learned Labour Court-IX, Karkardooma Courts, Delhi in ID No. 166/2003 titled Workman Sh. Jagdish Vs. M/s Mehrasons Jewellers. By virtue of the aforesaid award, the learned Labour Court has held the termination of services of the petitioner w. e. f. 7th June, 2002 by the petitioner/management, as illegal and unjustified and accordingly, it has directed the reinstatement of the respondent/workman with full back wages, on the same terms and conditions which were earlier applicable to him at the time of his appointment.

(2.) BRIEFLY, the facts of the case are that the respondent/ workman started working with the petitioner/management from 1997. He was performing his duties, however the petitioner/management, as alleged, did not pay the respondent/workman the wages for the period 01. 04. 2002 to 07. 06. 2002 and terminated his services w. e. f. 7th June, 2002. For this, he not only made a police complaint but also activated the office of Secretary (Labour), Govt. of Delhi which made a reference on 3rd June, 2003 to the learned Labour Court in the following terms: Whether Sh. Jagdish S/o Sh. Nathu Singh and Sugar Pal S/o Sh. Nathu Singh have settled their account in full and final or their services have been terminated illegally and/or unjustifiably by the management, and if so, to what relief are they entitled and what directions are necessary in this respect?

(3.) ON the receipt of this reference by the Labour Court, a statement of claim was obtained. Pleadings were completed. Parties adduced their evidence and the learned Labour Court came to conclusion that the termination of the services of the respondent/workman was illegal and unjustified.