M/S. A.M.F. Exports vs Himmat Singh And Another
2009 Latest Caselaw 3388 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C.) No. 11153/2009 and C.M. No. 10546/09 (for stay)

%                  Date of Decision: 26th August, 2009

#       M/S A.M.F. EXPORTS
                                                   ..... PETITIONER
!                  Through: Mr. Raju Gupta, Advocate.

                                  VERSUS

$       HIMMAT SINGH & ANOTHER
                                                          .....RESPONDENTS

^                  Through: Nemo.

CORAM:
Hon'ble MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment? NO

2. To be referred to the reporter or not?NO

3. Whether the judgment should be reported in the Digest?NO

S.N.AGGARWAL, J (ORAL) The management in this writ petition seeks to challenge an award

dated 12.03.2008 passed by the Industrial Adjudicator directing

reinstatement of respondent No. 1 with full back wages.

2. Heard.

3. The respondent No. 1 had worked with the petitioner management

as Store Keeper from 07.06.1998 to 26.08.2003. His services were

allegedly terminated by the petitioner management w.e.f. 26.08.2003.

Aggrieved by his termination, the respondent No. 1 had filed a statement

of claim under Section 10(2A) of the Industrial Disputes Act, 1947

before the Labour Court for his reinstatement with back wages. The

management in its reply to the claim of the petitioner has taken a plea

that the respondent No. 1 was discharged from its service as the

management had lost confidence in him because of certain discrepancies

noticed by the management in the store handled by respondent No. 1.

However, during evidence, the management had introduced two

documents Ex. MW-1/1 and Ex. MW-1/2 dated 05.07.2003 and

14.08.2003 to show that the respondent No. 1 had refused to sign the

salary register after receiving salary for the months of July and August

2003. These two letters Ex. MW-1/1 and Ex. MW-1/2 were neither

referred in the written statement filed by the management in response to

claim of the respondent No. 1, nor these documents were relied upon by

the management in proceedings taken by the Conciliation Officer for

bringing about an amicable settlement between the parties. On these

admitted facts the Industrial Adjudicator has returned findings against

the management that the services of the respondent No. 1 were illegally

terminated and for that reason, directed his reinstatement with back

wages.

4. Mr. Raju Gupta, learned counsel appearing on behalf of the

petitioner, on being confronted with the above factual position, submits

that the petitioner will settle the dispute with respondent No. 1 at its own

level and he says that he does not want to press this writ petition.

5. In view of the above, this writ petition along with stay application, is

dismissed as not pressed.

AUGUST 26, 2009                                          S.N.AGGARWAL, J
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