O K PLAY INDIA LTD Vs. RAJ KUMAR

JUDGEMENT

(1.) By way of this order, we shall dispose of a batch of 6 appeals bearing LPA Nos.939 to 944 of 2013 as the same are interconnected. However, the facts are extracted from LPA No.939 of 2013.

(2.) In that case, respondent-workman was appointed on 25.09.1990 as a Helper in the Roto Department of the appellant-Company at the starting salary of Rs. 800/- per month. Lateron, the name of the appellant-company was changed to M/s O.K. Play India Limited, while the respondent-workman was in its employment, who was not further permitted to perform his duty w.e.f. 18.06.1997. The management took the stand of abandonment of service by the respondent-workman to escape from the rigor of Section 25-F of the Industrial Disputes Act, 1947 [hereinafter referred to as the "Act"]. On raising the industrial dispute, the conciliation proceedings were initiated but a failure report was submitted by the Conciliation Officer in which he recorded that the services of the respondent-workman were dispensed with on 18.06.1997. On the issue of abandonment of service, the learned Labour Court recorded the following findings:-

(3.) However, the respondent-workman was not ordered to be reinstated only on the ground that though he had rendered 7 years of service before it was dispensed with on 18.06.1997 and raised a demand notice on 07.08.1997, but before the reference could be answered, a period of 12-1/2 years have expired. In these circumstances, instead of reinstatement with full back wages, the respondent-workman was paid an amount of Rs. 45,000/- as lump sum compensation. It was also observed that although the respondent-workman has shown that he remained unemployed during the period of his termination, which has not been rebutted by the appellant, yet it was ordered that in case the appellant decides to reinstate the respondent-workman, then he would be entitled to back wages to the extent of 30% of his last drawn salary.