School of Open Learning vs Ajay Shankar Saxena

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
PRATHIBA M.SINGH
School of Open Learning – Appellant
Versus
Ajay Shankar Saxena – Respondent

Table of Content
1. overview of workman's employment and termination. (Para 2 , 3 , 4)
2. arguments on termination and natural justice. (Para 5 , 6)
3. court's assessment on absence and termination legality. (Para 7 , 9 , 10 , 11 , 12 , 13)
4. remedies concerning termination and compensation. (Para 8 , 15)
5. final compensation and terms of judgment. (Para 16 , 17 , 18 , 19 , 20)

JUDGMENT

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

2. The present petition challenges the impugned award dated 7th April, 2015 by which the Labour Court has awarded compensation to the Respondent-Workman (hereinafter "Workman"), in ID No.461/04 (Old LID No. 84/87) in Ajay Shankar v. School of Correspondence Courses and Continuing Education (Presently known as School of Open Learning, University of Delhi), in the following terms:

"In my considered opinion, in the totality of facts and circumstances of this case, grant of lump sum compensation equivalent to 50% of full back wages/full salary of workman in the scale for the post workman was holding as on 15.09.1982 (the last date on which workman was on sanctioned leave without pay) alongwith annual/other increments in s

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DELHI HIGH COURTPRATHIBA M.SINGHSchool of Open Learning – AppellantVersusAjay Shankar Saxena – Respondent

DELHI HIGH COURT
PRATHIBA M.SINGH
School of Open Learning – Appellant
Versus
Ajay Shankar Saxena – Respondent