The main legal point established in the judgment is the requirement for the Labour Court to consider the evidence and documents presented in relation to the termination of services and the closure of the establishment, as per the provisions of the Industrial Dispute Act, 1947.

CHANDER SHEKHAR, J.

1. The petitioners have filed the present petition under Articles 226 and 227 of the Constitution of India, with a prayer to set aside or modify the Award dated 14.01.2011 passed by the Presiding Officer, Labour Court XVI, Karkardooma Courts, Delhi (in short, called "the Labour Court") in ID No. 718/06/03. The Government of National Capital Territory of Delhi through its Secretary (Labour), vide Reference No. F-24(4705)/ 2002/Lab/798-802 dated 31.03.2003 referred the dispute between the Management of the respondent and its workmen, to the Labour Court for adjudication, in the following terms of reference:

“Whether the services of Sh. Kishan Vishwakarma and Others have been terminated illegally and/or unjustifiably by the management and if so, to what sum of money as monetary relief alongwith consequential benefit in terms of existing laws/Govt. notification and to what other relief are they entitled and what directions are necessary in this respect?”

2. It is pertinent to mention here that the Labour Court has passed the impugned Award in respect of five workmen including the petitioners herein, whereas the impugned Award has been challenged by three workmen, i.e. the petitioners before this Court. Thus, this Court is considering the impugned Award in respect of these petitioners/workmen only.

3. The claim of the workmen including the petitioners herein and the written statement of the Management, as verbatim noticed by the Labour Court, are as follow:-

“As per claim, the workmen had been working on the post, monthly salary, date of joining as per chart given below:

S. No.	Name	Post	Date of joining	Monthly Salary
1.	Kishan Vishwakarma	Fitter	15.03.95	Rs. 2,500/-
2.	Sugriv	Pressman	15.03.95	Rs. 2,000/-
3.	Jagdish Paswan	Pressman	15.03.95	Rs. 2,000/-
4.	Vishram Yadav	Helper	10.05.95	Rs. 1,500/-
5.	Dalip Jha	Pressman	15.03.95	Rs. 2,000/-

It is stated that the management had no complaint against the workmen in their service period. It is further stated that all the workmen demanded the legal facilities i.e. Minimum Wages, ESI, PF, Earned Leaves etc. but the management had not provided the same and on demanding these facilities by the workmen repeatedly, management got annoyed and terminated their services on 05.05.02 without giving any notice and notice pay and also without paying earned wages for the month of March, April and May 2002 and without conducting any domestic enquiry as well as issuing the charge sheet. It is further stated that all the workmen had made a complaint before Labour Inspector on which Labour Inspector visited the management and gave directions to the management to reinstate the workmen and to pay their earned wages but the management had refused the same. It is further stated that management took forcible signature of the workmen on the blank papers and vouchers before terminating their services. It is further stated that workmen sent a demand notice through registered AD on 13.05.02, which was not replied by the management. It is further stated that workmen tried to search the job at many places but they failed to get any job. It is further stated that all the workmen are entitled for reinstatement in service with full back wages and continuity of service alongwith consequential benefits.

The Management has stated in the written statement that workmen Kishan Vishwakarma and Sh. Sugriv Yadav have settled their full and final account on 12.04.02 out of their own free will for a sum of Rs. 13,110/- and Rs. 11,223/- respectively and as such there are no existing dues in favour of workmen and against the management. It is further stated that the claim of the claimant Dalip Jha is also not maintainable on the ground that the workmen had taken his full and final dues with the management in the year 2001 and after taking his full and final