BABU LAL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS order will dispose of C.W.P. No. 2452 of 2011 and C.W.P. No. 2458 of 2011 as common questions of law and fact are involved in the actions brought against the same management by two co -workmen. The facts are taken from C.W.P. No. 2452 of 2011. The correctness of Labour Court award dated 12.05.2010 has been called in question by the workman in this petition. Industrial Reference No. 95 of 2009 has been answered against the workman by denying reinstatement and awarding instead lump -sum compensation of Rs. 25,000/ - in lieu thereof. In the connected case, reinstatement has been denied by an award of even date and instead Rs. 20,000/ - compensation in lieu of reinstatement has been awarded. Six percent interest has been ordered to run in case compensation is not paid within three months from the date of passing of the award.

(2.) THE admitted facts are that the petitioner was employed as a Sweeper on 09.09.2004 and his services were put to an end abruptly on 25.06.2008 without following mandatory procedure of Section 25F of the Industrial Disputes Act, 1947 (for short "the Act"). On notice of the reference, the management put in appearance through authority letter in favour of its authorized representative who appeared on 19.08.2009 but failed to appear thereafter and the management was proceeded ex parte on 30.09.2009. The workman produced evidence in support of his case and entered into the witness box reiterating the averments made in the claim statement. The workman deposed that he remained unemployed post termination. The Labour Court has passed an ex parte award holding that the services of the workman were wrongfully and illegally terminated by the management.

(3.) HEARD learned counsel for the parties.