S. RAJA Vs. DR. RAJESH JAIN

JUDGEMENT

(1.) This Writ Petition is filed challenging the Award of the II Additional Labour Court, Chennai, made in O.P. No.113 of 2022, dtd. 31/8/2023. By the said Award, the Claim Petition filed by the Petitioner under Sec. 2-A (2) of the Industrial Disputes Act, 1947 (In short referred to as 'the Act') was rejected by the Labour Court.

(2.) The case of the Petitioner is that he joined the Respondent/ Management on 9/9/2014 as Area Business Manager. When the Petitioner had put in sincere and honest service of 2228 days, suddenly, he received an illegal Termination Order from the Management on 29/8/2020. Therefore, he raised a dispute. Conciliation failed and hence the Claim Petition.

(3.) The case of the Management is that it is only the Management, viz., Panacea Biotec Pharma Ltd, which was the Employer of the Petitioner. Arraying the Managing Director and one of the Director individually and filing a Claim Petition is bad for misjoinder of the relevant parties. The Petitioner was appointed as Area Business Manager - Institutional Sales vide Appointment Letter, dtd. 9/9/2014. He was taken in employment by the Respondent with continuity of service with effect from 1/2/2020. He was transferred from Chennai to Udhaipur by the Management vide transfer Order, dtd. 29/8/2020, in accordance with the terms of his employment. He did not report for duty till the date of termination, despite several communications as well as verbal instructions. Therefore, he was terminated from service and the Management sent his full and final settlement and has also made payment of Gratuity as full and final settlement.