DINESH KUMAR NIGAM Vs. J C MILLS LTD

JUDGEMENT

(1.) THIS petition has been preferred by employee. Dinesh Kumar against the action of respondent No. 1 of terminating his service. After termination, the petitioner had approached the Labour Court and the Court found that the order of discharge dated March 25, 1980 was illegal and void, but at the same time, the learned Labour Court found vide order Annexure P/l22 that as the petitioner had filed criminal cases against the Senior Officers of respondent No 1 which ended in their acquittal, he had lost the confidence of respondent No. 1. Therefore, instead of being reinstated in service, he be paid a lump sum of Rs. 35,000 as compensation. An option was also given by the Court to the employer. J. C Mills Limited that if they do not like to pay the compensation, the petitioner be reinstated with 25% of the back wages.

(2.) AGAINST the order of the Labour Court, the petitioner as also employer-respondent No. I had preferred appeals before the Industrial Court against the part orders and both the appeals were decided under common order Annexure P/23, The Industrial Court thereby dismissed the appeal filed by petitioner, Dincsh Kumar but granted the part relief to the employer respondent J. C. Mills Limited, reducing the amount of compensation to Rs 20,000 from Rs. 35. 000 as was ordered by the Labour Court.

(3.) PETITIONER Dinesh Kumar as also respondent J. C. Mills Limited have preferred separate petitions challenging the orders of the Labour Court and the Industrial Court. Petition filed by employee, Dinesh Kumar is numbered as M. P. No. 965/91 and that of ; J. C. Mills limited as 1075/91. This order shall govern the disposal of both the petitions.