MEDTECH DEVICES LTD Vs. RAJU MASSEY

JUDGEMENT

(1.) EXEMPTION as prayed for is granted subject to all just exceptions. This writ petition filed by the management (the petitioner herein) is directed against an award dated 03.02.2009 passed by Ms. Renu Bhatnagar, POLC No. X, Delhi directing reinstatement of the workman (the respondent herein) with 50% back wages.

(2.) HEARD on admission.

(3.) MR . Virender Goswami learned counsel appearing on behalf of the petitioner management has relied upon three documents which are at pages 50 -52 of the paper book to contend that the workman in this case was deployed by the management for delivering a life saving device (pace maker) to one of its customers at Jalandhar where the customer of the petitioner at Jalandhar sent a report against the workman stating that he was found lying in drunken condition on the next day of his visit. Mr. Goswami has contended that the workman had failed to explain his conduct at Jalandhar despite opportunities given to it vide petitioner's letters dated 29.05.2001 & 30.05.2001 (pages 51 -A and 52 -A of the paper book) and therefore according to him, the management was justified in terminating the services of the workman vide termination letter dated 30.05.2001 at page 50 of the paper book.