MANAGER Vs. LIBERTY BAR AND RESTAURANT

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged award dated 11/04/2016 passed by the 3rd Labour Court, Nagpur in a reference proceeding, whereby the reference was answered in the affirmative and it was declared that the petitioner had illegally terminated services of the respondent with effect from 15/04/2012. Consequential relief of continuity of service and payment of back wages till actual reinstatement in service, were also granted in the said award.

(2.) The respondent had joined the service of the petitioner sometime in the year 2002. According to the respondent, on 15/04/2012, his service was illegally and orally terminated by the petitioner. It was the case of the petitioner that the claim made on behalf of the respondent was not correct and that the respondent had actually resigned in November, 2012.

(3.) On the basis of the claims made by the rival parties before the Conciliation Officer, a reference for adjudication was placed before the Court below. The questions referred pertained to the legality and validity of the termination of service of the employee-respondent on 15/04/2012 and if such action was found to be illegal, whether the respondent was entitled to consequential benefits. As noted above, the Court below passed its award on 11/04/2016, holding in favour of the respondent.