A workman's abandonment of service precludes claims for back wages as illegality in termination requires proof of wrongdoing by the employer.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

2. The present petition has been filed challenging the impugned award dated 11th October, 2019, by which the Labour Court has held that the termination of the Respondent/Workman (hereinafter, `Workman') was illegal and the Petitioner/Management (hereinafter, `Management') was directed to pay full back wages at the rate of minimum wages w.e.f. 13th February, 2016 till the date of the impugned award.

3. The case of the Management is that the Workman was appointed as a tailor on 1st March, 2013 and in February, 2016 he suddenly stopped coming to work, without any intimation to the Management. The Management issued notice to the Workman on 15th February, 2016 and 17th February, 2016 at the address which was available with them. However, he did not join back service.

4. The Workman thereafter filed a claim before the Labour Court alleging termination and seeking reinstatement of service along with full back wages and all consequential benefits. Copy of the prayer in the claim petition is set out below:

"It is therefore most respectfully prayed that an award may kindly be passed for reinstatement of his service with full back wages including earned wages, continuity of service and all consequential benefits along with 18% interest, in the interest of justice."

5. The Management contested the matter and evidence was recorded. Vide the impugned award dated 11th October, 2019, the following relief has been granted to the Workman:

"RELIEF (ISSUE N0.3)

15 As far as relief part is concerned, the workman has made a prayer in statement of claim that he is unemployed since the date of termination of his service, therefore the management be directed to reinstate him in service with full back wages including benefits of continuity of service and all other consequential benefits. The management in its written statement stated that the workman is at liberty to join the services of the management but without back wages. However, this court is of the opinion that since it has already been proved that the services of the workman were terminated by the management illegally, therefore, the workman is entitled to back wages. Accordingly, the management is directed to pay full back wages to the workman at the rate of minimum wages whichever is higher from time to time w.e.f. 13.02.2016 i.e. date of termination of services of the workman upto the date of award. The management is directed to release the payment of full back wages to the workman within a period of one month from the date of publication of the award, failing which this amount shall carry a simple interest @ 9% per annum from the date of award till realization.

16 With these observations the statement of claim of the workman under the provisions of the Industrial Disputes Act is disposed off.

17 A copy of this award be sent to the Deputy Labour Commissioner, Government of NCT of Delhi of Distt./Area concerned for publication as per rules and judicial file be consigned to Record Room as per rules."

6. Mr. Om Prakash Gupta, ld. Counsel for the Management submits that the Workman has admitted before the Labour Court that the affidavit which he had filed was not read by him. According to the Management, the Workman has, in fact, joined the services of another employer. Ld. counsel further submits that in the cross examination, the Workman admitted that he had not given his new address to the Management and the