NARMADA EXTRUCTIONS LTD. Vs. BABULAL

JUDGEMENT

(1.) Heard. By this writ petition, petitioner has challenged the award of the Labour Court dated 28/05/09, by which, the Labour Court had allowed the application under Section 31(3) r/w Section 61 & 62 of the M.P. Industrial Relations Act filed by the Workman/Babulal and directed re-instatement with back wages.

(2.) In brief, the original respondent/Babulal had filed an application before the Labour Court with the plea that he was appointed in the petitioner's establishment in the year 1995 as Workman and had worked till 02/07/03. On 02/07/03, the personal Manager of the establishment had asked the respondent to submit the resignation on the ground that sufficient work of the electrician was not available, therefore, he should resign and on 03/07/03 the respondent was asked to sigh the blank paper, but the respondent had refused, therefore, the petitioner had stopped taking work from the respondent without issuing any order. Further averment was that services of the respondent were terminated on 03/07/03 without giving one month prior notice or without any compensation.

(3.) A reply was filed by the petitioner taking the stand that respondent was appointed on 01/10/99 on the post of Electrical Supervisor and no resignation of the respondent was sought. On the contrary, the respondent had abandoned the work on 02/07/03. It was further stated that work of the respondent was not satisfactory.