ANG INDUSTRIES LIMITED Vs. PARMOD KUMAR AND ORS.

JUDGEMENT

(1.) This order will dispose of the aforesaid four writ petitions. Reference to facts is from CWP No.22511 of 2015. The challenge is to the impugned awards passed by the labour court.

(2.) Learned Presiding Officer, Labour Court-II, Faridabad has answered the reference in favour of the workman as to the validity of the termination effected on 13th September, 2010 vide award dated 18th September, 2014 challenged in this petition brought on 16th October, 2015 and has held the same was brought about illegally. The Labour Court has reinstated the workman to service and looking at the length of service rendered and the conduct of the management, has awarded 50% back wages from 18th October, 2010 to 23rd November, 2013 payable within one month of the publication of the award, failing which, the amount would earn 9% interest till realization. Costs assessed at Rs. 5000/- have also been imposed. The date 23rd November, 2013 has been chosen by the Labour Court because an interim award was passed in the National Lok Adalat settling the matter as compromised between the parties on 23rd November, 2013 which became an interim award. In breach of the interim award, the services of the workman were terminated by the management from which position it is argued by the petitioner that a fresh cause of action arose and, therefore, a fresh demand notice had to be served to raise a fresh dispute and the termination could only be questioned in separate proceedings.

(3.) The terms of the settlement arrived at between the parties on 23rd November, 2013 have been paraphrased in para. 7 of the award which read as under : -