ZARIN NOZER DESAI Vs. M S RAWAT

JUDGEMENT

(1.) The petition has been filed against the award of the IV Labour Court, Mumbai in Reference (IDA) No. 144 of 1991. The Labour court has declared that the petitioner had illegally terminated the services of the respondent workman w. e. f. 14-10-1989. It has further held that the workman was not entitled to the relief of reinstatement as he had crossed the age of superannuation i. e. , 60 years, during the pendency of the Reference and has therefore granted backwages.

(2.) The petitioner had employed the workman as a time keeper. A memo was issued to him according to the petitioner on 9-10-1989 for failure to maintain the Provident Fund records and ESI records as required. On 13-10-1989, the workman sought increments from the partner of the petitioner as he was in dire financial straits. It is contended by the petitioner that the workman stopped reporting for work from 14-10-1989. On 23-12-1989, the workman approached the petitioner with a letter requesting to be taken in service again and to treat the period between 14-10-1989 till he was reinstated as leave without pay. According to the petitioner, it agreed to re-employ the workman as a new employee and since the workman refused this offer, he did not join duty as a fresh hand. The workman approached the Government Labour Officer and the machinery available to him under the Industrial Disputes Act for redressal of his grievance. His demand was referred for adjudication to the Labour Court.

(3.) On 13-6-1993, the workman filed his statement of claim contending that his services have been orally terminated by the employer since he sought an increment. It was pleaded in the statement of claim that the company had fraudulently obtained his signature on the letter dated 23-12-1989 which was typed by the Manager of the company. He denied having written a letter of 23-12-1989 of his own volition. The workman has also stated that the last drawn wages are Rs. 1690/- per month.