ORAL JUDGMENT :- Heard counsel.

2. By this petition the petitioner challenges the judgment and order dated 2nd March, 2005 passed by respondent No.2, the Labour Court, Mumbai, awarding the respondent No. 1 a sum of Rs. 14,10,000/- by allowing his application under section 33C(2) of the Industrial Disputes Act (for short 'the Act') .

3. According to respondent No. 1 (for short the respondent), his services were terminated by the petitioner in May, 1989. The petitioner disputed this and contended that the services of the respondent were not terminated but he abandoned the service in May, 1999. The respondent approached the Labour Commissioner for conciliation. In the conciliation proceedings he did not press the claim for reinstatement in service but claimed Rs. 2 lakhs as arrears of commission allegedly payable to him. The Conciliation Officer recorded that the respondent had refused to join the duties but had claimed Rs. 2 lakhs as commission and therefore the matter could not be settled. The Conciliation Officer has accordingly directed the respondent to approach the appropriate court for resolution of the dispute. The respondent thereafter filed an application under section 33C(2

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