VISHNU KUMAR MANGLA Vs. DHANESHWAR GUPTA

JUDGEMENT

(1.) THE workman in this writ petition seeks to challenge an order dated 17. 04. 2008 in L. C. A. No. 08/2007 passed by the Labour Court by which his claim under Section 33-C (2) has been rejected.

(2.) HEARD on admission.

(3.) THE petitioner was working as a part-time employee with the respondent management since 10. 04. 1986. He became a full-time employee with the respondent since April 1998 and his last drawn wages were Rs. 12,000/- per month. He alleged his termination from the service of the respondent w. e. f. 30. 09. 2006. After he was allegedly terminated by the respondent management, he filed a legal Claim Application being L. C. A. No. 08/2007 under Section 33-C (2) before the Labour Court and claimed an amount of Rs. 2,05,385/- (Rs. 1,32,000/- on account of earned wages for the period from 01. 11. 2005 to 30. 09. 2006; Rs. 55,385/- on account of gratuity and Rs. 18,000/- on account of bonus ). The respondent in its written statement to the claim application of the petitioner denied the applicability of the Payment of gratuity Act as well as the Payment of Bonus Act to the respondent establishment stating that these Acts were not applicable to its establishment as only three employees were working with it. The respondent also denied the claim of the petitioner for earned wages for the period from 01. 11. 2005 to 30. 09. 2006 on the ground that the petitioner absented himself from service w. e. f. 01. 11. 2005 and, therefore, he was not entitled to the wages claimed by him in L. C. A. No. 08/2007.