G.S. Sandhawalia, J. - (1.) The present writ petition has been filed for quashing the award dated 7.8.2012 (Annexure P-5) whereby the petitioner's claim for reinstatement has been rejected by the Labour Court-I, Gurgaon holding that the workman had himself started absenting to report for work despite issuance of various letters to him and he had abandoned the job.
(2.) On perusal of the paper-book, it transpires that the petitioner in his demand notice dated 5.5.2007 took plea that he was appointed in the year 1999 on the post of Helper and continued to work as such till 8.4.2007 and his termination was against the mandatory provisions of the Industrial Disputes Act, 1947.
(3.) In the reply dated 11.7.2007 filed on behalf of the Management, it was pleaded that the applicant was not mentally fit and not in a position to work with proper diligence. He was appointed on 21.7.2005 and had been given verbal warnings. He had stopped coming from 25.3.2007 and sent a sickness and fitness certificate issued by the ESI, Dharuhera from 2.4.2007 to 8.4.2007 but never returned on his duty thereafter in spite of the repeated reminders. His name was on the rolls of the company and he could resume his duty on production of a proper fitness certificate from a qualified Psychiatrist and an undertaking from his family members for the consequences of his unwarranted behaviour on the work place. Failure report was sent by the Labour-cum-Conciliation Officer on 13.12.2007 on the ground that mental condition of the workman was not right.;