VIRENDRAPRASAD RAMNARAYAN SHUKLA Vs. SERVICES AUTO PETROL PUMP

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India by the petitioner, who is aggrieved by award dated 20.2.2009 passed by Presiding Officer, Labour Court, Ahmedabad, in Reference (LCA) No.186 of 2000, whereby the reference came to be rejected. The petitioner has sought for following reliefs:-

(2.) The brief facts of the case are that the petitioner was working as a Pump Operator with the respondent since last ten years and was being paid Rs.1,000/- per month as salary. It is also contended that he was not paid minimum wages as prescribed under the Minimum Wages Act and, therefore, he made demand. According to him, the respondent has terminated his service orally with effect from 27.7.1995 without following due process of law. Being aggrieved with such action, he has preferred reference by filing statement of claim and prayed for declaring termination of his service as illegal, arbitrary and unjust and prayed to direct the respondent to reinstate him in service with backwages and continuity of service and has also prayed for consequential benefits.

(3.) The respondent has filed its written statement vide Exh.12 and has denied the averments made by the petitioner and put up the defence that the respondent did not terminate him but he himself has abandoned work from 30.7.1995 voluntarily. The respondent has also contended that the petitioner was involved in theft and, therefore, FIR was lodged against him and on that basis the workman has tendered his resignation.