RAGHBEER MACHINERY PRIVATE LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition is directed against the award of the Labour Court, Faridabad dated 23/04/1987 whereby the respondent-workman has been ordered to be reinstated with full back wages.

(2.) Puran Chand, respondent No. 3, was appointed by the petitioner on 12/09/1981 as Milling Man. He claimed that he was removed from service on 13/09/1982 without any order in writing. This, according to him, was evident from the fact that he was not being allowed to join the duty. On the other hand, the petitioner's claim is that it had not terminated the services of the respondent but it was he who had not reported for duty since 13/09/1982. The matter was referred under Section 10(l)(c) of the Industrial Disputes Act, 1947, for adjudication by the Labour Court. During the proceedings before the Labour Court, the following interim orders were passed on February 10, 1983 and 22/02/1983:

(3.) Mr. Alok Jain, appearing on behalf of the petitioner, stated that the Labour Court was not justified in holding that the Management had forcibly ousted the respondent-workman. He stated that the interim orders dated 10/02/1983 and F 22/02/1983 clearly show that despite the willingness of the Management to let the workman join with full back wages, the workman had refused to join on a false ground that he was not being assigned any job and was being made to sit outside the gate. He further pointed out that the workman had even refused the suggestion of the Court to accompany the Labour Inspector for joining the duty with the petitioner.