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2021 Supreme(Del) 501

PRATHIBA M.SINGH
Sheel Biotech Ltd. – Appellant
Versus
Ram Mohan Nag – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vaibhav Kalra.
For the Respondents: Mr. Abhishek Singh, Mr. J. Amal Anand, Mr. Elvin Joshy, Ms. Divya Kumra.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through video conferencing.

2. The present petition has been filed by the Petitioner-Management (hereinafter, ‘Management’) challenging the impugned award dated 17th November, 2018 by which the Respondent-Workman (hereinafter ‘Workman’) has been reinstated with full back wages along with continuity of service and all other consequential benefits. The operative portion of the award reads as under:

    “8. As already discussed above, the management though proceeded ex-parte has also not come forward to cross examine the claimant w.r.t. his deposition and accordingly, the said deposition remained uncontroverted and unrebutted and accepted as such on its face value.

9. Hence, the court has come to the conclusion that the services of the claimant were terminated without following the procedure of law.

10. In these circumstances, the claimant is held entitled to the relief of reinstatement with full backwages along with continuity of services and all other consequential benefits.”

3. The Workman was appointed as a Data Entry Operator vide appointment letter dated 24th September, 2012 on a monthly salary of Rs. 10,000/-. It is the case o

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