Decided on May 03,2013

H M T Watches Limited Appellant


HONBLE SUDHANSHU DHULIA, J. - (1.) THE petitioner, who is the employer, has filed the writ petition challenging the award of the labour court dated 25.10.2002 which has been passed under a reference under Section 4 -K of the U.P. Industrial Disputes Act made by respondent no.2 in favour of workman/respondent no.3, directing the employer to reinstate the workman/respondent no.3 in service along with 50 per cent back wages. According to the petitioner, the entire 50 per cent back wages have been given to respondent no.3 from last salary drawn in view of the interim order dated 19.7.2006 of this Court.
(2.) ADMITTEDLY respondent no.3 was a workman in the petitioner establishment. According to the petitioner, respondent no.3 remained absent from duty for a considerable period without proper leave sanctioned in his favour. This period is more than 500 days, however, labour court on basis of the evidence given by both the parties has come to the conclusion that total period when respondent no.3 remained absent was one month only, as appeared from paragraph no. 14 of the award dated 25.10.2002. Further, it has been held that the order dated 28.5.1990, which has been passed by the employer terminating the services of the employee, is purely in violation of principle of natural justice and fair play, as no opportunity of hearing was given to the employee/respondent no.3. This Court is not inclined to interfere with the finding arrived at by the labour court, which is based on the material evidence furnished by the parties before the labour court. No perversity, therefore, can be ascribed to these findings.
(3.) IN view of the above, the writ petition fails and is hereby dismissed. It is made clear that award of the labour court which has not been complied with as yet or which the petitioner has not done in terms of any interim order of this Court shall be complied with in its letter and spirit by the petitioner within two months from today. Interim order, if any, of this Court is also hereby vacated. No order as to costs.;

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