SWASTIK TEXTILE ENGINEERING PVT LTD Vs. VIJAYSHANKER MATACHARAN

JUDGEMENT

(1.) The petitioner by this petition has challenged the judgment and award passed by the Labour Court in Reference (LCA) No.44/97, whereby the Labour Court has directed for reinstatement with 25% backwages.

(2.) The short facts of the case are that as per the petitioner, the respondent workman voluntarily abandoned the service since 14.10.1996. The petitioner had addressed communication calling upon the workman to join the duty but the respondent workman did not join the duty. Ultimately, the dispute was raised under the Industrial Disputes Act (hereinafter referred to as the "Act"). It is the case of the petitioner that even in the conciliation proceeding before the concerned officer, it was declared by the petitioner that services are not terminated but the respondent workman has abandoned the service and they were ready to take back the workman in service. In any event, the conciliation was not materialised and the matter was referred to the Labour Court for adjudication. The Labour Court at the conclusion of the aforesaid reference, passed the above referred judgment and award. Under the circumstances, the present petition before this Court.

(3.) I have heard Mr. Clerk, learned counsel for the petitioner and Mr.Vaishnav Vyas for the respondent.