RAJESH WIRE INDUSTRIES Vs. UMESH

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioner challenging the ex parte award dated september 30. 2003 passed by the learned labour Court-III, Karkardooma Courts, Delhi in I. D. No. 257/1999 in case titled as the management of Rajesh Wire Industries v. Its workmen C/o Rashtriya Udyog Mazdoor union. By virtue of the aforesaid ex parte award, the learned Labour Court had held the termination of the services respondents/workmen with effect from July 5, 1996 as illegal and unjustified and accordingly directed their reinstatement on the post of 'helper' with full back wages @ Rs. 1,677/- per month or at such rate as has been fixed by the appropriate government from time to time whichever is higher till the date of reinstatement.

(2.) BRIEFLY stated the facts of the case are that it is not in dispute that Sh. Umesh and sh. Chattar Ram were working with the petitioner /management as workmen. Both these workers alleged that their services were illegally and unjustifiably terminated by the petitioner/management w. e. f. July 5, 1996 without giving them leave wages, bonus, over time, or other statutory benefits entitled to them under the Industrial Disputes Act, 1947. So much so, even the retrenchment compensation was not paid nor were they charge sheeted or any enquiry held against them. The respondents/workmen are purported to have given a demand notice on April 9, 1997 and since it did not yield any result consequently they approached Government of NCT of Delhi. The Secretary, Department of Labour GNCT of delhi on March 1, 1999 made a reference to the learned Labour Court in the following terms: "whether the services of S/shri Umesh and chattar Ram 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.) THE workmen in pursuance to this reference, filed their statement of claim stating that they have rendered services as 'helper' for 8 and 12 years respectively and their last drawn salaries were Rs. 1,677/- each. It was alleged by them that despite they having been working honestly and sincerely their services were terminated without any rhyme and reason on account of the fact that the workmen had annoyed the petitioner/management by demanding various benefits like leave wages, bonus, over time etc. It is alleged that they remained unemployed from the date of their termination of services and claimed reinstatement with full back wages.