Compliance with Section 25-F of the Industrial Disputes Act, 1947 is crucial for termination of services.

1. By the present petition, the petitioner assails the impugned award dated 17.8.2015 in LIR No.249/2014 of the Presiding Officer, Labour Court-XIX, Karkardooma Courts Complex and also the consequential impugned order dated 10.03.2016 in M No.-11289/16 of the Presiding Officer, Labour Court XIX.

2. Vide the award dated 17.8.2015 referred to herein above, the reference made by the Deputy Labour Commissioner, Government of NCT of Delhi vide reference No.F.24(23)/Lab./NE/2014/660 dated 09.04.2014 to the effect:

“Whether services of Sh. Gyan Singh S/o Sh. 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?”

was answered to the effect that the claim of the claimant, i.e., Gyan Singh, arrayed as respondent No.1, (which apparently ought to be read as respondent No.2, in as much as there are three respondents arrayed on the record), was allowed, and the said LIR was allowed and he was held entitled to reinstatement in service with continuity and full back wages, observing to the effect that the claimant had put forth a grievance that he having been employed with the management M/s Englife Products (India), i.e., the present petitioner in the month of February, 1982 as a Turner, put forth certain demands but the management got annoyed and terminated his services withholding his earned wages for the month of February, 2013, in relation to which also he submitted a complaint to the Labour Department on 2.9.2013 but the management did not come up with the requisite record before the competent authority on 8.10.2013 and 11.10.2013, and in response to the demand notice, the management asked the claimant to report for duty and on 15.10.2013, when the claimant reached the management establishment, the claimant was not allowed to report for duty. Ultimately, the claimant submitted a complaint dated 30.10.2013 before the Conciliation Officer, raising an industrial dispute and the Conciliation Officer had allowed him to report for duty. Thereafter proceedings in the LIR No.249/2014 were initiated by the claimant and the Management, i.e., the present petitioner chose not to put in appearance despite service of notice in the said case and vide order dated 14.10.2014, the management, i.e., the present petitioner had been proceeded against ex parte, whereupon the petitioner led evidence himself as WW1.

3. Vide the said impugned award, it was concluded that from the unchallenged testimony of the claimant, his claim, (i.e., the respondent to the present writ) his claim that he got employed with the management as ‘Turner’ in the month of February, 1982 and that the management had terminated his services w.e.f. 1.4.2013 when he put forth his demand for the facilities to be provided to its employees stood established and that the record also established that the claimant had worked for a continuous period of 240 days in the year preceding the date of his termination and thus the requisite compliance of Section 25-F of the Industrial Disputes Act, 1947 had not been made and that the services of the claimant workman had thus been illegally terminated.

4. Vide the consequential impugned order dated 10.3.2016 in M No.11289/16 which is in relation to an application filed by the Management seeking the setting aside of the ex parte order dated 14.1.2014 and the consequential award passed on 17.8.2015 in LIR No.249/14, the said applications were declined. It was held vide the impugned order dated 10.3.20165 and observed to the effect that the services of the notice on Mr.Vaibhav, son of the owner of the management, in LIR No.249/14 had not been disputed and the Court found that the management was duly served with the process issued for the dated 14.10.2014.

5. It has also been categorically established vide the impugned order dated 10.3.2016 to the effect that the management could have put in appearance during the period 22.11.2014 to 17.8