LAWS(DLH)-2009-7-289

OM PRAKASH Vs. LAMBA PLASTICS

Decided On July 13, 2009
OM PRAKASH Appellant
V/S
LAMBA PLASTICS Respondents

JUDGEMENT

(1.) AS prayed for is granted subject to all just exceptions. WP (C)No. 10015/2009 and CM No. 8347/2009 (for stay) This writ petition filed by the workman (petitioner herein) is directed against an award dated 01. 09. 2008 passed by Shri Girish Kathpalia, POLC-XIX rejecting his claim for reinstatement or back wages.

(2.) HEARD on admission. 3 12 workmen including the petitioner who were in the employment of M/s Lamba plastics (respondent herein) and were allegedly terminated on 12. 06. 2001 had raised an industrial dispute with regard to their termination which was referred by the appropriate Government for adjudication to the Labour Court. 6 out of the 12 workmen, who had raised the industrial dispute opted not to file their statement of claim after the dispute was referred by the Government to the Labour Court.

(3.) OUT of the remaining 6 workmen did not appear for their cross- examination after filing their affidavits in chief. This left the Labour Court with only 3 workmen out of 12 who had initially raised the industrial dispute with regard to their termination.