SAMBHU DAYAL Vs. JUDGE, LABOUR COURT

JUDGEMENT

(1.) Both these petitions arise out of common award dtd. 15/5/2012 passed by Labour Court, Bharatpur in LCR No.88/1996 whereby termination of services of the deceased petitioner (herein after referred as 'workman') has been held to be invalid and the respondent - employer has been directed to pay compensation of Rs.1,00,000.00 and litigation cost of Rs.5,000.00 to the workman in lieu of reinstatement.

(2.) Facts in brief of the case are that the workman in his claim petition filed before the Labour Court averred that he was engaged on the post of Class-IV employee on daily wages on 1/12/1988 and worked continuously till 1/1/1990 but without serving any notice, his services were terminated in violation of Sec. 25F of the Industrial Disputes Act, 1947 (hereinafter referred as 'the Act of 1947'). In the claim petition the workman prayed for declaring his termination as null and void in view of Sec. 25F of the Act of 1947 with the prayer for reinstatement in service.

(3.) Learned counsel for the respondent - employer submitted that the workman was kept for short period and thereafter he abandoned the services and he has not done work more than 240 days and he hardly worked for 160 days. It was also pleaded by the respondents that the services of the petitioner were terminated in the year 1990 and the dispute was raised after a lapse of six years in the year 1996.