- (1.) THE present writ petition has been filed by the Management, challenging award dated 27.07.2012, passed by the Labour Court, Gurgaon, vide which, the reference was decided in favour of the workman and in view of the fact that the Management had initially put in appearance but later on, it was proceeded ex parte on 01.08.2012. From the deposition of the workman, it was held that his services were illegally terminated and he was entitled to reinstatement along with 40% back wages, on the basis of the last drawn salary.
(2.) COUNSEL for the petitioner has placed on record certified copy of the award dated 27.07.2012, since operative part of the typed copy of the said award (Annexure P6), is not correct.
(3.) A perusal of the paperbook would go on to show that the workman was employed with the petitioner -Management on 21.05.2007 and remained till 04.05.2010, as a Security Guard and his services were terminated on 05.05.2010. It is pleaded by the workman that the said termination was illegal as no domestic enquiry was conducted against him, no retrenchment compensation was given to him and the mandatory provisions of Section 25 -F of the Act have, thus, been violated. The Management had authorised Shri Arvind Chaudhary, Advocate. On 07.03.2011, authority letter was filed on behalf of the Management and Shri Rajesh Grover had put in appearance who also appeared on 18.04.2011 and on 31.05.2011, when the claim statement was filed and the case was adjourned to 01.08.2011. On the said date, none appeared on behalf of the Management. The case was adjourned to 21.09.2011 for ex parte evidence as the Management was proceeded against ex parte. Thereafter, the case was adjourned from 21.09.2011 to 23.11.2011 and then, to 24.01.2012, 28.03.2012, 02.05.2012 and eventually, to 01.06.2012. The workman examined himself on the said date and closed his ex parte evidence. Thereafter, the case was adjourned to 27.07.2012, when the impugned award was passed. Resultantly, the present writ petition has been filed.;