Vasudev Prasad vs Management Of M/S Ashoka Gears & … on 1 August, 2016

1. The challenge in this Writ Petition is to the award dated 28 th July,

2010 passed by the Industrial Adjudicator on a reference made by the

appropriate Govt. on the following terms:

“Whether Sh. Vasudev Prasad, S/o, Sh. Ramdhani Mehto is
absenting from duties unauthorizedly or his services have
been terminated illegally and / or unjustifiably by the
Management and if so, to what relief is he entitled and what
directions are necessary in this respect.”

2. That pursuant to the reference, the petitioner had filed Claim Petition

before the Industrial Adjudicator. It was his case that he was employed by

W.P.(C) 1258/2014 Page 1 of 9
the respondents on 25th May, 1993 as a Turner and the last drawn salary was

Rs.3,300/- per month. Being an active worker of Engineering Workers Lal

Jhanda Union, the Management got annoyed and terminated him on 10 th

January, 2002. He states, he made a complaint through his Union. The

Labour Inspector inspected the Establishment, but the respondents refused to

take him on duty which is clear from the report dated 25 th January, 2002.

Thereafter, he sent a demand notice dated 4th February, 2002 which was not

replied to. According to him, he was having ESIC facilities under the

Management. The termination was in violation of Section 25 (F) of

Industrial Disputes Act, 1947.

Source: Indian Kanoon

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