GIAN SINGH Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) The Labour Court vide its Award Annexure P-2 dated 1.10.1980, on reference made by the Government under Section 10(1)(c) of the Industrial Disputes Act, 1947 held that termination of services of the petitioner-Gian Singh was illegal and unjustified. It was held by the Labour Court that the services of the petitioner-workman could not be terminated on the basis of a complaint and it was necessary to hold an enquiry, if there were any allegation of embezzlement or corruption against him.

(2.) Admittedly, in this case, nor enquiry was held not such an enquiry was sought to be held before Court by holding that order of termination is illegal and unjustified had deprived the petitioner of full back wages, on the ground that the workman had not stated before it that he had got his name registered in the Employment Exchange or that he moved an application for employment. The Labour Court after noting this fact straight way reduced back wages of the petitioner-workman to the extent of 75% and allowed only 25% of the back wages. The concluding para of the Labour Court Award is reproduced as under :-

(3.) The learned counsel for the petitioner vehemently argued that it is not necessary to get name registered with the Employment Exchange, and in any case, even if the name of the claimant is not registered with the Employment Exchange, the full back wages cannot be denied except on valid and germane reasons.