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2006 Supreme(Del) 2243

MANJU GOEL
TITAN INDUSTRIES LIMITED – Appellant
Versus
KISHAN LAL – Respondent


Advocates Appeared:
K.Priyadarshi, R.K.SINGH, SIDHARTH AGRAWAL


MANJU GOEL, J.

( 1 ) THIS writ petition is directed against the Award of Presiding Officer, labour Court No. 9, Karkardooma, Delhi dated 17. 3. 2003. The respondent raised the industrial dispute claiming to be an employee of the petitioner M/s Titan industries Limited and alleging that his services had been terminated illegally by the Management, namely, the petitioner. The terms of reference were as under:-"whether the services of Shri Kishan Lal 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. "the Labour Court returned a finding that the respondent was an employee of the petitioner. It also held that the termination of the respondent was illegal and unjustifiable and awarded reinstatement with full back wages for the period from 1. 1. 1993 to 9. 3. 1993 and 30% back wages w. e. f. 10. 3. 1993. It is contended by the petitioner that the Labour Court has proceeded on wrong principles of law and has misplaced the burden of proof.

( 2 ) THE evidence on behalf of the respondent examined by the Labour Court included the affidavit of the workman respondent Exhibit WW1/a,
























































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