MUNICIPAL CORPORATION UJJAIN Vs. ABHISHEK BHATT

JUDGEMENT

(1.) The Municipal Corporation, Ujjain has filed the present petition being aggrieved by the order dated 22.10.2016/15.12.2016, passed in Reference Case No.215/15 ID Act by the Labour Court, Ujjain in favour of respondent directing reinstatement without backwages.

(2.) The respondent raised the industrial dispute alleging that he was appointed by an oral order on 13.10.2012 as a Computer Operator in Shahri Garibi Upshaman Prakoshtha in the pay of Rs. 18,000/- per month. Now, the Commissioner has removed him by an oral order w.e.f 19.01.2015 despite that he worked for 240 days in one calendar year, therefore, without payment of retrenchment compensation and following the principles of first come last go, his retrenchment is illegal and he is entitled for reinstatement with full back-wages. The conciliation proceedings ended into a failure and thereafter the dispute was referred to labour Court by an Additional Labour Commissioner vide order dated 21.10.2015. The terms of reference letter are reproduced below:

(3.) After the aforesaid reference, the respondent being a first party submitted a statement of claim. The petitioner being a second party filed reply denying the averments made in the claim. The respondent has specifically denied the appointment and removal of the petitioner from the service. In support of the claim the respondent examined himself and got exhibited legal notice as Exhibit P/1, letter dated 16.05.2013 as Exhibit P/2, letter written by the Incharge (IT), Municipal Corporation, Ujjain as Exhibit P/3.