Rajasthan High Court - Jaipur
M/S Ajanta Soya Limited vs Swaroop Singh S/O Surat Singh on 18 November, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 18612/2019
M/s Ajanta Soya Limited, Sp 916, Phase- Third, Industrial Area,
Bhiwadi, District Alwar (Raj.) Through Mr. Arun Kumar Tyagi S/o
Shri Rajindra Singh, Senior Manager (Purchase And Liason)
----Petitioner
Versus
Swaroop Singh S/o Surat Singh, R/o Village And Post Jorasi,
District Gurgaon (Haryana).
----Respondent
For Petitioner(s) : Mr. Anil Kumar Yadav For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment 18/11/2019 The petitioner assailed the award dated 16 th July, 2019 whereby the dispute raised by the workman has been answered in his favour with the directions to reinstate him without back wages. The termination of the respondent-workman has been held to be illegal and unjustified.
Learned counsel for petitioner submits that at one stage in the cross-examination, the workman has stated that he was not retrenched and therefore, it should be held that his services were not dismissed and the workman had stopped attending the duties.
I have considered the submission and find that statement made by the workman has to be read as a whole. He has stated in his statement that he was disallowed to attend duties from 6 th July, 2006. It is also noticed that he has been working with the petitioner since 1994 and he has also stated in the cross- (Downloaded on 07/06/2021 at 03:42:38 AM)
(2 of 2) [CW-18612/2019] examination that he has sent a notice to the petitioner which was returned. Mentioning in the cross-examination that he was not retrenched would thus not make a specific admission on the part of the workman.
Thus the Labour Court has rightly concluded that petitioner- workman had been wrongfully terminated from service. Removal from service has been made without following the principles laid down under the Industrial Disputes Act, 1947 and therefore, his termination has been held to be illegal however back wages have not been granted. In view thereof, the award passed by the Industrial Tribunal & Labour Court, Alwar does not warrant any interference. The award dated 16th July, 2019 is accordingly upheld.
The writ petition is found to be devoid of merit and the same is dismissed.
(SANJEEV PRAKASH SHARMA),J FATEH RAJ BOHRA /6-170 (Downloaded on 07/06/2021 at 03:42:38 AM) Powered by TCPDF (www.tcpdf.org)