DINESH KUMAR Vs. TREAD STONE LTD.

JUDGEMENT

(1.) The present petition under Articles 226 and 227 of the Constitution of India assails the award dated 26.03.2018 passed by the learned Labour Court, South West District, Dwarka Courts, New Delhi in LIR No.3843/16 (Old ID No:204/2015) whereunder the petitioner's claim for reinstatement has been rejected.

(2.) The petitioner, joined the respondent company in its Delhi office as a Checker on 02.08.2000. In 2009, the petitioner being desirous of seeking an alternate employment, requested the respondents to issue him an experience certificate, which was duly issued to him on 13.02.2009 but he continued to serve at the respondent company till 08.10.2010 even after the respondents' unit was shifted to Faridabad in May-June 2010.

(3.) On 22.12.2010, the petitioner claiming that he had been illegally terminated on 09.10.2010 without holding any inquiry, issued a demand letter to the respondent seeking his reinstatement and, thereafter, raised an industrial dispute. Before the labour Court, the respondents filed their written statement claiming that the petitioner had abandoned services on his own and had, despite being repeatedly asked to rejoin duty by the respondents vide their letters dated 11.10.2010 and 27.10.2010, failed to do so. In its rejoinder, the petitioner denied the receipt of the letters on the ground that he was not residing at the address to which the letters had been sent.