NICKS INDIA TOOLS Vs. LABOUR COURT

JUDGEMENT

(1.) Both these writ petitions bearing Nos. 15124 and 8095 of 1999, are arising out of the same award dated May 18, 1998, passed by the Labour Court, Ludhiana, and they were heard together and act disposed of by this common judgment.

(2.) Ram Surat (hereinafter referred to as "the workman"), was employed with Nicks India Tools, Ludhiana (hereinafter referred to as "the employer"). He was employed on August 13, 1981 and he worked up to the year 1993. According to the workman, his services were terminated on May 12, 1993, while according to the employer, the workman himself left the job on April 22, 1993, after taking all his dues, vide receipt dated April 22, 1993, annexure P-l, which is attached with Writ Petition No. 15124 of 1999. The workman raised a demand which was referred to the Labour Court, Ludhiana. The Labour Court, Ludhiana, vide its impugned award ordered reinstatement of the workman with 25 per cent of the back wages. In Civil Writ Petition No. 15124 of 1999, the employer has challenged the award of the Labour Court, Ludhiana, against reinstatement of the workman. In Civil Writ Petition No. 8095 of 1999, the workman has agitated against the restriction of the back wages to 25 per cent only.

(3.) Regarding the question of termination, it has been argued by learned counsel for the employer that the workman himself has left the job and there was no question of terminating his services. He has relied on the receipt dated April 22, 1993, annexure P-l, counsel for respondent No. 2 argued that the receipt cannot be read in evidence because the workman was not confronted with the receipt during the deposition. Learned counsel for the employer has relied on the affidavit filed by the witness, Joginder Singh, Manager of the employer, copy of which is produced at annexure P-7. He has stated in his affidavit that the workman was working in a supervisory capacity.