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2018 Supreme(Del) 2048

C.HARI SHANKAR
Madan – Appellant
Versus
Anmol Financial Services Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. B.K. Singh, Adv.
For the Respondent: Mr. Om Prakash Gupta, Adv.

JUDGMENT :

1. These proceedings emanate from an industrial dispute, initiated by the petitioner and referred by the Government of National Capital Territory of Delhi, for adjudication to the Labour Court, vide order dated 14th April, 1995, containing the following single term of reference :

“Whether services of Shri Madan S/o Shri Heera Lai have been illegally and/or unjustifiably terminated by the management and if yes, to what relief is he entitled?”

2. The petitioner, in his Statement of Claim before the Labour Court, contended that he had jointed the respondent, as permanent driver on 6th January, 1992, and had a clean service record. Even so, he contended, he had not been provided the benefits due to him and, on his insisting therefor, the respondent terminated his services on 6th September, 2011, after withholding his wages for the period August to September, 2011.

3. The petitioner sent a demand notice, dated 21st November, 2011, to the respondent, but, on finding no response forthcoming, initiated the present industrial dispute.

4. As is practically the norm in all such cases, the respondent, in its written statement before the Labour Court, denied the existence of any employer/































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