BALASAHEB RODOBA Vs. ASHOK CARD CENTER

JUDGEMENT

(1.) The petitioner has challenged the award of the Labour Court in Reference (IDA) No.198 of 1988. The petitioner was working as Binder in the Printing establishment run by Respondent No.1. His last drawn wages were Rs.850/- per month. Admittedly, the petitioner was a permanent workman. It appears that the petitioner was orally terminated from service on 1.8.1987. According to the petitioner, he was falsely implicated in a criminal case of theft by the Proprietor of the respondent, leading to termination of his service. The petitioner was acquitted on 15.9.1989 by the Chief Judicial Magistrate, Pune.

(2.) The petitioner raised an industrial dispute after his services were terminated on 1.8.1987. The dispute was referred for adjudication and registered as Reference (IDA) No.198 of 1988. The petitioner filed his statement of claim contending that the respondent which was a proprietory concern was a shop registered under the Bombay Shops and Establishments Act and that he was entitled to be paid minimum wages under the Minimum Wages Act. The petitioner also contended that there were no certified standing orders that and the respondent followed the Industrial Employment (Standing Orders) Act. He has also contended that no reasons were assigned to him by the Proprietor of the respondent concern while terminating his services on 1.8.1987. He has also contended that he made attempts to resume duty on 3 or 4 occasions thereafter, but to no avail.

(3.) The respondent in its written statement contended that the petitioner was not terminated from service and in fact he had remained absent from duty.