DIAMOND TOYS CO P LTD Vs. TOOFANI RAM
HIGH COURT OF DELHI
DIAMOND TOYS CO.(P) LTD.
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(1.) By this writ petition, the petitioner has challenged the validity of award dated 17th April, 2003 whereby the learned Labour Court No.- V, Delhi directed the reinstatement of the petitioner with continuity of service with 50% of back wages.
(2.) Brief facts, relevant for the purpose of deciding this writ petition are that the respondent workman was allegedly working at the post of mechanic with the petitioner. He contended that on 16th April, 1994, he demanded the facilities orally viz. casual leave, D.A., bonus, leave-book, appointment letter, attendance card etc. etc. He was making demands for these things even earlier also. On 16th April 1994, the management got annoyed because of these demands and without any reason or notice terminated his services on 17th April, 1994. The workman complained about the illegal termination to the Labour Inspector through union. However, the management refused to take him back on duties or give him back wages despite interference of the Labour Inspector. The workman sent a demand notice on 19th April, 1994 seeking reinstatement, back wages, overtime etc. with no result. The matter was referred to Conciliation Officer where also nothing happened therefore, he raised an industrial dispute which was referred for adjudication to the Tribunal in following terms:
"Whether the services of Sh. Tufani Ram have been terminated illegally and/or unjustifiably by the management and if so to what relief is he entitled and what directions are necessary in this respect"
(3.) Before the Labour Court, the workman reiterated his claim stating that he was working as a 'karigar' and the management terminated his services on 17th April, 1994 on his making demands for giving him legal benefits, overtime and other wages etc.. The management in its written statement stated that the respondent was employed with the management from 1st April, 1992 till 15th April, 1994. He was a member of the Provident Fund and ESI and the contributions were regularly being deducted and his last drawn salary was Rs.1400/-. He was working as a helper and being given minimum wages prescribed by the appropriate Government. He was issued an appointment letter and no demand was ever raised by the workman. The management had not terminated his services rather he himself did not come on duty w.e.f. 16th April, 1994. He was offered duties during conciliation proceedings, which he refused. The workman was gainfully employed.;
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