SUSHIL KAPOOR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Challenge in the present writ petition is to the award dated 14.07.2011 (Annexure P7), passed by the Labour Court, Amritsar, which answered the reference against the workman and in favour of the Management.

(2.) A perusal of the paperbook would go on to show that the petitionerworkman filed his demand notice dated 13.02.2003 (Annexure P2) and raised industrial dispute that he had been working since June, 2000 as a Senior Chemist and was being paid Rs. 6800/- per month. The workers junior to him were still working and the termination on 30.01.2003 was in violation of 25-F, 25-G and 25-H of the Industrial disputes Act, 1947 (for short, the 'Act'). Plea was also taken that wages from 01.01.2003 to 29.01.2003 had not been paid. In the claim statement also, same plea was taken that the respondent No.2-Management, at that point of time, was M/s Bhagat Industrial Corporation Ltd., which had taken the plea that the workman had left the job on his own. In accordance with the terms the conditions of the employment, he was bound by the contract inter se parties and could not claim any right. The post of Senior Chemist had been abolished and so the reference could not be continued, as not being maintainable. The provisions of the Act were not applicable, in such circumstances.

(3.) The petitioner examined himself as WW1 and deposed in his favour and specifically averred that his juniors, Mr.Verma, Sr.Chemist and Mr.Mann, Senior Chemist, were working at the time of his termination of service and he remained unemployed. He denied the suggestion in his cross-examination that he had left the service and stated that he was appointed on a permanent post and he could not find a job. He also denied that the job was supervisional in nature and there was no requirement of any workman under him.