RAJ KUMAR Vs. PRESIDING OFFICER AND ANOTHER

JUDGEMENT

(1.) This order will dispose of CWP Nos.16559, 16611, 16579 of 2010, 8744, 8750 and 8821 of 2011 as common questions of law and fact are involved in these petitions. For the sake of convenience, the facts are taken from CWP No.16559 of 2011.

(2.) The challenge in this petition is to the award dated 12.3.2010 passed by the Presiding Officer, Industrial Tribunal-cum-Labour Court-I, Gurgaon. The Labour Court has awarded Rs.45,000/- as compensation in lieu of reinstatement. Back-wages have been restricted to 30% of the salary drawn by the workman. The claim in this petition is for reinstatement with full back-wages.

(3.) The brief facts are that the petitioner-workman was appointed on 25.9.1990 through a formal appointment letter issued by the Aquapure Containers Limited. The starting salary offered was Rs.800/- per month on the post of Helper in the Roto Department of the Company. The probation period was six months. The appointment came as a result of interviews held on 15.9.1990. The name of the Company was changed to M/s O.K. Play India Limited during the currency of the employment. The petitionerworkman was not permitted to perform duty w.e.f. 18.6.1997. The Management alleged that it had asked the workman vide letter dated 18.6.1997 to join duty. On failure to do so, the name of the workman was struck off the rolls w.e.f. 11.7.1997. The area Assistant Labour Commissioner-cum-Conciliation Officer entered conciliation proceedings unsuccessfully and failed to bring about settlement. It was the stand of the Management that no question of issuing any show-cause notice or holding domestic enquiry under rules and regulations governing the service of the petitioner arose.