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2015 Supreme(Del) 3138

SUNITA GUPTA
MANI LAL – Appellant
Versus
MATCHLESS INDUSTRIES OF INDIA – Respondent


Advocates Appeared:
Mr. Sanjay Ghose and Ms Pratistha Vij, Advs. along with the petitioner in person
Mr. V.K. Diwan and Mr. Lalit Kumar, Advs.

JUDGMENT :

SUNITA GUPTA, J.

1. The challenge in this writ petition under Articles 226 and 227 of the Constitution of India is to the order dated 28.03.2008 whereby the preliminary issue regarding enquiry was decided in favour of the respondent and award dated 15.01.2011 passed by the learned Presiding Officer, Labour Court, Kakardooma Courts, Delhi in ID No.46/2010 (new) 368/2011 (old) whereby termination of services of the petitioner was held to be legal and justified.

2. The petitioner (hereinafter referred as to ‘the workman’) was working as helper with the respondent (hereinafter referred to as ‘the management’) since the year 1987. He was suspended on 10.08.1999 and thereafter his services were terminated with effect from 21.05.2000. An industrial dispute was raised by him. The Secretary (Labour), Government of NCT of Delhi vide its order number F.24 (4666)/2000-Lab./2907 – 11 dated 02.02.2001 referred the industrial dispute to the Labour Court with the following terms of reference:

“Whether the services of Mani Lal have been terminated illegally and, or unjustifiably by the management, and if so, what relief is he entitled and what directions are necessary in this respect?”

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