The absence of evidence by the management resulted in the unlawful termination of an employee’s service, emphasizing the protection of workers' rights, particularly for individuals with disabilities.

JUDGMENT

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

2. This Court had directed the Registry to list old matters on a daily basis. This is one such matter of the year 2002.

3. The present petition has been filed challenging the impugned Award dated 2nd March, 2002 passed by the Labour Court in I.D. No. 272/99 titled The Management of M/s. Mahatma Gandhi Institute of Integrated Rural Energy Planning and Development, Bakoli v. Sh. Ravinder Kumar. By the impugned Award, the Respondent No.1/Workman's termination was held to be illegal and reinstatement in service with full back wages was directed.

4. The background of the case is that the Workman who had studied till 5th standard had a hearing and speech impairment. He made a representation to the then Chief Minister of Delhi, seeking a job. His representation was forwarded to the Director of the Mahatma Gandhi Institute, Bakoli. He was appointed as a helper on 6th December, 1996 on daily wages w.e.f. 22nd October, 1996 and his services were extended from time to time during the period between 1997-1998. The last extension was granted up to 18th July, 1998. On 19th March, 1999, the Workman raised an industrial dispute on the ground that he was terminated illegally. The terms of reference were as follows:

"Whether the services of Shri Ravinder Kumar have been terminated illegally and/or unjustifiably by the management, and if so to what relief is he entitled and what directions are necessary in this respect?"

5. On 21st September, 1999, the Workman filed his statement of claim. Vide impugned Award dated 2nd March, 2002, the Labour Court held that the termination of the Workman's services was illegal, in view of the fact that the Management has failed to adduce any evidence in the matter, and the evidence of the Workman was taken as unrebutted by the Labour Court. The operative portion of the impugned Award dated 2nd March, 2002 reads as under:

"10. Although it was contended on behalf of the management that termination of service of workman were fully justified and legal, yet the management has failed to adduce any evidence has no reason to disbelieve the evidence adduced by workman which has established that services of workman were terminated by the management not only illegally but also unjustifiably. This issue is decided in favour of workman and against the management.

ORDER:

Consequent upon the decision of sole issue in favour of workman and against the management, it is held that services of Sh. Ravinder Kumar were terminated by the management not only illegally but also unjustifiably. Therefore, he is entitled for reinstatment in service with full back wages.

Accordingly, the appropriate government is advised to direct the management to reinstate the workman at the post of Helper and pay him his full back wages @ Rs.2,000/- or at the minimum wages prescribed by the appropriate government from time to time for the post of Helper whichever is higher since 18.7.98 till the actual date of reinstatement in service. It is further held that arrears of back wages are not paid to the workman within 3 months from the date of publication of this award, then he will also be entitled for simple interest @ 12% per annum.

11. A copy of the Award be sent to the appropriate government for publication."

6. Before this Court, the matter was listed for the first time on 26th July, 2002. On the said date, the Court was of the opinion that there is no prima facie error in the impugned Award. However, notice was issued on a statement made by the ld. Counsel appearing for the Management that the Management would like to settle the matter. The said order dated 26th July, 2002 reads as under:

"Having gone through the re