Raj Bahadur Singh & Anr v. Mangt. of Swahney Gas Agency

VEENA BIRBAL, J. September 8th, 2010 ssb/kks

* HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 8th September, 2010 + W.P.(C) 7021/2007 Raj Bahadur Singh & Ors ..... Petitioners Through : Mr.H.K.Chaturvedi, Adv. -versus- The Management of M/s Sawhney Gas Agency ..... Respondent Through: Mr.N.K.Jha, Adv. CORAM:- HON'BLE MS. JUSTICE VEENA BIRBAL 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in Digest? Veena Birbal, J. 1. Vide orders dated 15.11.2000, the industrial dispute between the parties was referred by Secretary (Labour), Govt. of NCT of Delhi for adjudication to Labour Court, Delhi with the following terms of reference:- "Whether the services of Sh.Rajbahadur Singh, Puran Singh, Jagdish Singh, Ayodhya Prasad, and Ram Prakash, have been terminated illegally and/or unjustifiably by the management and if so, to what relief is they entitled, and what directions are necessary in this aspect." 2. Pursuant thereto, petitioners had filed a statement of claim before the Labour Court, Delhi wherein they stated that they had been in the employment of respondent since January, 1989 as Delivery Men. It is alleged that at the time of appointment, respondent-management got some blank papers, vouchers, appointments letter etc signed without giving any copy to the petitioners. Petitioners were also not paid minimum wages fixed under the law. When petitioners demanded minimum wages as per law, their services were terminated on 28th September, 1999. It is alleged that they were not paid retrenchment benefits nor any notice was served upon them. It is alleged that they made efforts for settlement through Labour Inspector but their efforts failed. Petitioners served a demand notice on respondent/management. Their further case was that they had not been employed since the day of termination and prayed for reinstatement with continuity in service with back wages along with interest. Respondent/management had filed a written statement contending that petitioners had resigned voluntarily after taking their entire dues and other benefits. It is also contended that claimant no.4 has nothing to do with respondent/management. Management has denied the allegations of taking petitioners' signatures on blank papers. It is further stated that all the workmen are gainfully employed and they have no claim left against respondent/management. Following issue was framed by the Labour Court:- "As per terms of reference." 3. In support of their case, workmen filed their own affidavits. They were also subjected to cross-examination. Thereafter, respondent/ management filed evidence by of affidavits of its four witnesses, out of which only two witnesses were tendered for cross-examination. The affidavits of remaining two witnesses MW Dhanbir Singh Yadav and Kuldip Singh have not been read in evidence as they did not appear for cross examination. After hearing the counsel for the parties, the Labour Court had not granted any relief to the workman Puran Singh as he had denied his signatures on the claim petition as well as on his affidavit in cross examination. Workman Puran Singh has not challenged the impugned order. For the remaining workers, the Labour Court held that they were retrenched in September, 1999 and about seven and half years had been passed since then as such awarded compensation of Rs.80,000/- each in lieu of reinstatement and back wages to Raj Bahadur Singh, Ayodhya Prasad, Ram Prakash and Jagdish Singh i.e petitioners. 4. The aforesaid workmen have filed the present petition. It is contended that finding of illegal termination has not been challenged by the respondent/management till date, as such, the said finding has attained finality. It is contended that as workmen have categorically stated that they are unemployed since their illegal termination and could not find job despite their best efforts, the Labour Court ought to have awarded them relief of reinstatement