APARESH KUMAR SINGH, J. - (1.) Heard learned counsel for the petitioner. Respondents, despite service of notice, have not entered appearance.
(2.) By the impugned order dated 06.02.2010 learned Presiding Officer, Labour Court, Jamshedpur has rejected the claim of the petitioner for reinstatement along with back wages and other consequential benefits in B.S. Case No. 13 of 2002 (Annexure-5). Facts, in brief, as carved out from the pleadings on record are as follows:- (i) Petitioner claimed to have joined as a Cook on monthly wages of Rs. 1800/- per month from 15th January, 1997. He has alleged termination by the opposite parties/respondents with effect from 09th July, 2002 without any reasonable cause for which neither any prior notice was issued nor one month notice pay including compensation was paid. (ii) According to the petitioner, he had committed no mis-conduct but he presumes that on some complaint made to the Employees Provident Fund Commissioner as well as Employees State Insurance Corporation, his services have been dispensed with by an oral termination order. (iii) Despite representation made through registered post no reply was given by the respondent. On the date of his termination 09th July, 2002, he was getting monthly salary of Rs. 2200/- per month and was compelled to work for 12 hours daily. (iv) According to his own statement, neither appointment letter or salary slip was issued nor earned leave salary was paid. Accordingly, he has prayed for setting aside of the order of termination as being illegal and without any basis and for consequential reliefs.
(3.) Opposite parties/respondents herein contested the case before the learned Labour Court, Jamshedpur and took the plea that the complainant had left the job on his own accord without any information to the opposite parties. According to them, the complainant has joined establishment on the first occasion on 15th January, 1997 and left the same on 09th November, 1999, thereafter had again joined on 13.11.2000 and left the job on 09th July, 2002. The respondent also replied to the complaint made before the Labour Superintendent, Jamshedpur by the complainant by letter dated 21st August, 2002 taking the same plea that complainant Mohit Prasad has left the job as per his own accord. The opposite parties also stated that the monthly salary of the complainant was Rs. 2200/- per month when he left the job. Other allegations had been denied as fabricated and baseless.;