SUPERIOR ELECTRIC STORE Vs. SANT LAL

JUDGEMENT

(1.) The petitioner has challenged the award of the Labour Court whereby the Court awarded compensation of Rs.2,25,000/- along with interest at the rate of 9% per annum along with litigation cost of Rs.25,000/- to the respondent for illegal termination.

(2.) The respondent raised an industrial dispute alleging illegal termination by the petitioner on 23rd July, 2009 which was referred to the Labour Court. The respondent pleaded in his statement of claim that he was appointed as an Electrician by the petitioner in 1977 and his last drawn salary was Rs.5,100/- per month; the respondent went on leave to his native village from 13th April, 2009 to 30th May, 2009 with the permission of the management; the respondent fell ill during the leave and he informed the management by telephone; the respondent returned back to resume the duty on 23rd July, 2009 but the management did not take him back and terminated the services; the respondent issued a demand notice on 04th August, 2009 and thereafter raised an industrial dispute.

(3.) The petitioner defended the aforesaid claim by alleging that the respondent worked as apprentice wireman from 10th February, 1977 to 30th April, 1985; the respondent absented himself during aforesaid period and did not perform the job properly; the respondent stopped coming to work with effect from 30th April, 1985; the respondent approached the petitioner in 1987 for work certificate which was issued to him on 28th May, 1987; the respondent approached the petitioner for financial assistance in 2000 which was refused; the respondent left the job on his own in 1985 and was not terminated by the petitioner. The respondent appeared in the witness box as WW1 whereas the petitioner appeared in the witness box as MW1.