INTEG ELECTRONICS Vs. SUNIL KUMAR

JUDGEMENT

(1.) C. M. No. 12744/2009 in W. P. (C.) No. 12346/2009 Exemption as prayed for filing of certified copies of annexures is granted subject to all just exceptions. C. M. No. 12742/2009 in W. P. (C.) No. 12346/2009 This is an application filed by the petitioner seeking condonation of delay in re-filing the petition. Having regard to the averments contained in the instant application and the submissions made by Mr. Rajeev Kapoor, delay in re-filing the petition is condoned. W. P. (C.) No. 12346/2009 and C. M. Nos. 12745/09 (for time for filing of legible copies and true typed copies of dim annexures) and 12743/2009 (for stay)The management of M/s Integ Electronics, in this writ petition, seeks to challenge an industrial award dated 02. 03. 2007 in I. D. No. 408/2005 directing reinstatement of respondent No. 1 workman with 50% back wages.

(2.) HEARD on admission.

(3.) THE respondent workman was employed as a Helper with the petitioner w. e. f. 01. 01. 2004. His services were terminated by the petitioner w. e. f. 07. 07. 2005. The respondent aggrieved by his termination raised an industrial dispute, which was referred by the appropriate Government in the Government of NCT of Delhi to the Labour Court for adjudication. The management of the petitioner had contested the claim of the respondent workman for his reinstatement interalia on the ground that the respondent had worked with the petitioner only for two months from 17. 05. 2005 to 07. 07. 2005 and had left the service of his own. The plea of the management before the Labour Court was that the respondent had abandoned the service of the petitioner and that his services were not terminated by the management as alleged by him. This defence taken by the management before the Labour Court was falsified by three important facts discussed in the impugned award.