FORE SCHOOL OF MANAGEMENT Vs. NAVIN CHANDRA KANDPAL

JUDGEMENT

(1.) C. M. No. 11663/2009 in W. P. (C.) No. 11719/2009 Exemption as prayed for is granted subject to all just exceptions. W. P. (C.) No. 11719/2009 and C. M. No. 11662/2009 (for stay) The management of Fore School of Management in this writ petition, seeks to challenge an industrial award dated 03. 09. 2008 in I. D. No. 19/2007 directing reinstatement of respondent No. 1 with back wages.

(2.) HEARD on admission.

(3.) THE petitioner was appointed as an Attendant with the petitioner management w. e. f. 01. 05. 2002. After he had completed probation period of one year, he was confirmed in service as Attendant w. e. f. 01. 05. 2003. However, his services were terminated by the petitioner management w. e. f. 31. 07. 2005 without holding any inquiry against him or giving any opportunity to him to prove the alleged misconduct. The respondent No. 1 aggrieved by his termination had raised an industrial dispute which was referred by the appropriate Government in the Government of NCT of Delhi for adjudication to the Labour Court. The petitioner was duly served with the notice of proceedings pending before the Labour Court. Since nobody appeared on behalf of the petitioner management despite service, the petitioner was proceeded ex-parte by the Labour Court vide order dated 29. 09. 2007. This ex-parte order passed against the petitioner was set aside at the request of the petitioner vide order dated 26. 11. 2007. Thereafter, the petitioner filed its written statement in which it was alleged that the respondent No. 1 was removed from service as he was found sleeping during duty hours and when he was warned, he had misbehaved and threatened the management. It was alleged that since the respondent No. 1 did not improve, the petitioner was left with no other alternative but to terminate his services. After filing of the written statement the petitioner again stopped appearing in the matter and, therefore, he was again proceeded ex-parte by the Labour Court vide order dated 18. 08. 2008.