Sh. Hari Prakash vs Sh. Vipin Kumar Aggarwal & Anr. on 30 October, 2015

1. By way of this writ petition under Article 226 of the Constitution of India, the
petitioner impugns the award dated 24.02.2011 passed by the learned Presiding Officer,
Labour Court XIX, (East) Karkardooma Courts, Delhi in LIR D No.154/08 whereby the
claim petition filed by the petitioner was dismissed without granting him any relief.
2. Brief facts of the case, as borne out from the petition are that the petitioner filed a
claim under Section 10(4A) of the Industrial Disputes Act, 1947 (hereinafter referred as
‘ID Act’) against the management inter alia on the allegations that he was employed with
the management since 01.10.1987 as Feeder Man on last drawn wages of Rs.4900 per
month and performed his duty honestly and diligently to the satisfaction of the
management without any complaint, however, the management was not providing him
the statutory benefits and instead the management was looking for an opportunity to oust
him from service. On 01.12.2007 while he was on duty, he was called in the office and
was suddenly asked to resign from service but he refused. Even then his services were
terminated without assigning any reason and without payment of wages for the month of

W.P.(C)7446-2011 Page 1 of 6
November, 2007. A legal notice of demand was sent through union on 13.12.2007 to
which the management did not respond. The workman claimed to be jobless since the
date of his alleged termination as such, sought a direction to the management to reinstate
him back in service with continuity of service and consequential benefits.

Source: Indian Kanoon

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