K M INDUSTRIES Vs. KARAN KUMAR

JUDGEMENT

(1.) THE present appeal is directed against the order of the learned single Judge dated May 1, 2009.

(2.) A reference was made for an industrial dispute raised by the respondent (original respondent in the writ petition ). As per the respondent, he had been engaged under employment of the appellant for the last six years prior to the date of his dismissal on the post of 'pressman'. It was urged by the respondent before the Labour Court that he had an unblemished track record and the management had resorted to unfair labour practices. As per the respondent, the management had not issued any appointment letter at the time of appointment or during the course of his employment despite repeated demands. He urged that his services were terminated without assigning any reason or cause or without serving any notice after withholding the salary of 22 days.

(3.) ON the other hand, it was argued on behalf of the Management before the Labour court that it was the workman who had abandoned his services and it was not a case of unjustifiable termination. The Management contended that the entire payment amounting to rs. 7,000/- towards full and final settlement had been made. However, the Labour Court took note of the fact that the Management failed to produce any document to show that the settlement had been made towards full and final payment and that the workman had left of his own free volition. It was also pleaded on behalf of the Management that the firm had been closed and the Management had started another manufacturing unit.