MANAGEMENT OF ELECTRIC CONTROL SWITCHBOARDS Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner is aggrieved by an award dated March 31, 1986, passed in I. D. No. 78/1980 by the Labour Court No. 1, Tis hazari Courts, Delhi. It is the petitioner's case that the decision of the Labour Court to the effect that the management has illegally and unjustifiably terminated the services of the workmen and ordering their reinstatement in service with continuity of service and full back wages, is perverse and has occasioned a failure of justice of a nature warranting interference in the exercise of writ jurisdiction under Article 226 of the Constitution of India by this Court.

(2.) A reference was made by the Secretary (Labour), Delhi Administration, to the Labour court, for adjudication of a labour dispute in the following terms;

(3.) IN their statement of claim, the workmen, Sh. Sushil Kumar and Sh. Mallu, submitted that they were working with the management as welder and tin smith at Rs. 330/- and 350/- per month respectively. The service of Sh. Sushil Kumar was terminated with effect from August 7, 1978 and that of Sh. Mallu from September 9, 1978. The petitioner management contested the claim. According to it, the reference made by the Delhi administration was without jurisdiction as the workmen had already settled their claim in full before the conciliator. Further, the service of sh. Sushil Kumar was terminated on account of recession in business and compensation in accordance with Section 25-F of the Industrial disputes Act, 1947 was duly tendered to him. Sh. Mallu's employment was terminated because he never appeared in the departmental enquiry pending against him, and thus voluntarily abandoned his employment. The petitioner also claimed that its factory has been closed with effect from May 15, 1982, thus the workmen cannot claim relief for the period beyond that date. A rejoinder was filed by the workmen denying all the allegations made in the written statement. The following issues were framed;