JUDGEMENT
S.N.AGGARWAL, J. -
(1.)EXEMPTION as prayed for is granted subject to all just exceptions.
This writ petition filed by the management (the petitioner herein) is
directed against an award dated 03.02.2009 passed by Ms. Renu
Bhatnagar, POLC No. X, Delhi directing reinstatement of the workman
(the respondent herein) with 50% back wages.
(2.)HEARD on admission.
The respondent was appointed as a Sub -staff with the petitioner management w.e.f. 03.04.1997 and he was not allowed to resume duties
by the petitioner management w.e.f. 13.05.2001. He, therefore, raised an
industrial dispute regarding his alleged termination which was referred by
the appropriate Government for adjudication to the Labour Court. The
Labour Court after considering the evidence produced by the parties
W.P.(C) No.10010/2009 Page 1 of 3
before it reached to a conclusion that the termination of the respondent
from the service of the petitioner management was unjustified and
therefore directed his reinstatement with benefit of 50% back wages.
(3.)MR . Virender Goswami learned counsel appearing on behalf of the petitioner management has relied upon three documents which are at
pages 50 -52 of the paper book to contend that the workman in this case
was deployed by the management for delivering a life saving device
(pace maker) to one of its customers at Jalandhar where the customer of
the petitioner at Jalandhar sent a report against the workman stating that
he was found lying in drunken condition on the next day of his visit. Mr.
Goswami has contended that the workman had failed to explain his
conduct at Jalandhar despite opportunities given to it vide petitioner's
letters dated 29.05.2001 & 30.05.2001 (pages 51 -A and 52 -A of the
paper book) and therefore according to him, the management was
justified in terminating the services of the workman vide termination
letter dated 30.05.2001 at page 50 of the paper book.
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