MANU MOHIT INDUSTRIES Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction quashing the award dtd. 11/7/2014 passed by respondent no. 2-Presiding Officer, Industrial Tribunal/Labour Court, Jammu (for short, the Tribunal) under the Industrial Disputes Act, 1947 (for short, the Act of 1947) whereby an amount of Rs. one lac has been awarded as compensation in favour of respondent No. 3. Before adverting to the grounds of challenge in the aforesaid petition, it would be apt to give brief factual background of the case.

(2.) It has been averred by the petitioner that respondent No. 3 was engaged as a Foreman Incharge Repair and Maintenance work at the petitioner"s unit to supervise and look after the production, repair and maintenance of the machinery. It is specific stand of the petitioner that since the respondent No.3 failed to perform his duties as Foreman, his services were terminated in terms of order dtd. 27/4/2002 w.e.f. 18/4/2002. Pursuant thereto, the respondent No. 3 raised a demand notice dtd. 18/5/2002 wherein he admitted the fact of his employment with the petitioner as Foreman and was drawing salary of Rs. 4200/- per month at the time of termination of his services.

(3.) Feeling aggrieved of the same, respondent No. 3 filed a claim before the Labour-cum-Conciliation Officer, Jammu in terms of Sec. 10 of the Industrial Dispute Act, 1947 and finally vide SRO No.14 dtd. 20/1/2003, respondent No. 1-State Government in exercise of its power conferred by clause (c) of Sub Sec. (1) of Sec. 10 of the Act of 1947 referred the dispute for adjudication to respondent No. 2 on the following points: