CHHAVI CHANDER JHA Vs. VISHWA KARMA ENGINEERING WORKS

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner assailing the award dated 13.10.2005 passed by the Labour Court-XI, Karkardooma, Shahdara, Delhi in Industrial Dispute (ID) No. 215/2004 (new), 212/1991 (old).

(2.) The brief and relevant facts as stated in the writ petition are that the petitioner joined the services of the respondent as Turner in the year 1985. He claims that he worked continuously with the respondent but was not paid any wages from June 1990 to September 1990 on the plea that the respondent was facing shortage of funds. He further claims that when he demanded his wages? arrears, his services were arbitrarily terminated w.e.f. 21.10.1990 without following the due process of law. According to the petitioner, the last drawn wages of the petitioner was Rs.1100/- per month.

(3.) The petitioner through his union i.e. Engineering Employees Union, sent a legal notice dated 10.11.1990 to the respondent, who replied to the same vide a letter dated 22.11.1990. The matter went before the Conciliation Officer and the petitioner filed his statement of claim on 18.12.1990. The conciliation, however, failed and the petitioner then raised an Industrial dispute (ID) which was referred for adjudication vide reference order dated 03.05.1991. The terms of reference are as under :