SHRI KARTAR SINGH Vs. SHRI NARAYAN

JUDGEMENT

(1.) I have heard the learned Counsel for the parties and gone through the record.

(2.) BY virtue of the present writ petition, the petitioner has challenged the ex parte award dated 20th September, 2004 by virtue of which the learned Labour Court has directed the reinstatement of the respondent/workman from 11th September, 1992 and payment of back wages @ 30% of the last drawn wages. Briefly stated the facts leading to the filing of the present writ petition are that the Government of Delhi made a reference on 10th April, 1995 in the following terms to the learned Labour Court:

(3.) AFTER receiving the reference, notices were issued to both the parties. The respondent/workman through its Trade Union filed a statement of claim on 15th March, 1996 wherein it was alleged that he had been working with the petitioner/Management as a Driver w.e.f. 16th August, 1983 and his last drawn wages were @ Rs. 1,500/ - per month. It was alleged by the respondent/workman that as unjustified deductions were being made from his wages for the period from 15th May, 1992 to 11th September, 1992, he protested to the same because of which the petitioner/Management became revengeful and terminated the services of the respondent/workman w.e.f. 11th September, 1992. The respondent/workman in the statement of claim gave a tabulation form of his statement of claim wherein the following amounts were claimed: