NAV BHARAT ELECTRONICS Vs. SHANKER LAL AND ANR.

JUDGEMENT

(1.) THIS is a writ petition challenging the ex parte award dated 15th March, 2005 in ID No. 422/1998 titled as Nav Bharat Electronics v. Its Workmen Sh. Shankar Lal and Tek Chand.

(2.) BY the impugned award, the learned Labour Court had held the termination of the services of the respondent/workmen as illegal and unjustified and directed their reinstatement from the date of their termination with payment of 50% back wages.

(3.) PURSUANT to this reference, both the claimants filed their joint statement of claim wherein, it was averred that Sh. Shankar Lal was working as a 'Drillman' with the petitioner /Management on monthly salary of Rs. 1,841/ - w.e.f. 10th March, 1982 and Sh.Tek Chand was employed with the petitioner /Management as a 'Fitter' w.e.f. 6th January, 1985 at a monthly salary of Rs. 1,677/ - each. It was urged that during the course of their employment, the respondent/workmen did not give any cause for complaint to the petitioner/Management and since the petitioner/Management was not providing facilities, such as issuance of appointment letter, identity card, leave book, ESI, bonus, periodical increments, etc. they raised their voice for getting such benefits. The petitioner /Management feeling aggrieved on account of these demands made by the respondent/workmen dispense with their services w.e.f. 20th December, 1996 without giving them any notice/charge sheet or disclosing any reason whatsoever. The claimants/respondents sent a joint demand notice to the petitioner/ management to which the petitioner /Management did not sent reply resulting in filing of a claim before the Conciliation Officer where also the petitioner /Management did not participate effectively. This entire exercise resulted in reference by the Secretary (Labour ) to the learned Labour Court.