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2022 Supreme(Del) 877

DINESH KUMAR SHARMA
Unitas Foods Pvt. Ltd. – Appellant
Versus
Gyanender – Respondent


Advocates appeared:
Ms. Ritika Jhanji, Adv, for the Petitioner; Mr. Pran Krishna Jana, Adv, for the Respondent No. 1

JUDGMENT

Dinesh Kumar Sharma, J. -

CM. APPL. 19550/2022 (u/s 17B, ID Act)

1. Present Application has been preferred by the Applicant/workman under 17B, Industrial Disputes Act, 1947 r/w Section 151, CPC, seeking the following prayer:

    'direct the Petitioner/Management to pay the Applicant/Workman his last drawn salary i.e. Rs. l2,500/-p.m. from the date of impugned Award i.e. 13.01.2020 till the disposal of the Petition.'

    2. Ld. Counsel for the Applicant/ Workman submits that the Workman joined the services of the Petitioner/Management on 01.10.2008, as an Executive Sale Purchase/Field worker. The Petitioner/Management however did not issue any appointment letter to the workman. The services of the Applicant/ workman were illegally terminated by the Petitioner on 21.02.2015 and that the workman's last drawn salary was Rs. 12,500/- at the time of his termination.

    3. The workman aggrieved of being illegally terminated, raised an industrial dispute before the Ld. Labour Court, whereby the Ld. Labour Court passed an Award dated 13.01.2020(Order impugned)in favour of the Applicant/workman and held that the workman's services was illegally terminated by the Management and that he was entitled

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