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2006 Supreme(Del) 1585

SHIV NARAYAN DHINGRA
NAI DUNIA URDU WEEKLY NEWSPAPER – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT NO. X – Respondent


Advocates Appeared:
K.K.GUPTA, MOHD.ABID, MOHD.NAYIMUDDIN


SHIV NARAYAN DHINGRA, J.

( 1 ) BY this writ petition, the petitioner has challenged the validity of award dated 13. 1. 1995 passed by Labour Court and prayed that respondent No. 4 be directed to pay back entire amount recovered from the petitioner in execution of the award.

( 2 ) BRIEFLY the facts are that the respondent Abdul Qudoos was working with the petitioner. While the petitioner alleged that he had abandoned his services, the workman's claim was that his services were illegally terminated. Following industrial dispute was referred to the Labour Court:"whether the workman Shri Abdul Qudoos abandoned his services 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. "

( 3 ) AFTER receipt of reference, the Labour Court sent notices to the parties. While the workman appeared, the petitioner did not appear and did not take part in the proceedings. The petitioner was proceeded ex parte. The tribunal, after relying upon the evidence of the workman and appreciating the same, held that the workman was terminated from service in violation of Section 25 F of In










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