full and final
settlement as alleged in written statement.
The issue as per the plea of absenteeism of the
workman after 14 or 25 September
served and it filed its written statement by
taking Preliminary Objections that the workman is a habitual absentee and
never worked with responsibility and punctuality ... stated that he was regular absentee and has stated false facts in the
statement of claim. The statement of claim is without complying the
Shyam
Judge, Central Tis Hazari Courts. He
further deposed that he prepared the absentee report of the delinquent on the
basis of attendance register wherein delinquent ... happened to those leaves. SW2
admitted that no absentee report/ record was submitted along with statement
Ex.SW2/1.
7. Thereafter the evidence
management as stated
by the management in its written statement to the instant statement of
claim wherein the management has stated that in fact ... management that the workman is a
habitual absentee from his duties with the management and has
remained absent from his duties with the management
denied the
suggestion that he had stated to the police in his statement Mark
PW9/A that accused persons were the same boys against ... police recorded his statement or not. Even
PW9 denied the suggestion that he had stated to the police in his
statement Mark
Arun Kumar PW2 and PW3 M.R Grover, LHA. Thereafter, the
statement of appellant/accused no. 2 Nirmal Kumar ... which is evident from Ex.PW1/J deed of license
and statement of Rakesh Pandey exhibited as Ex.PW1/D. He
further submitted
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was narrated to him. He recorded the statement of complainant SI Traffic
Police and got lodged the present FIR. Thereafter ... proceedings against the deceased
accused were ordered abated vide order dated 08.6.2009.
Absentee/absconding accused viz. Ashwini was declared a Proclaimed
Offender vide order dated
evidence to disproof the contentions raised by the
workman in his statement of claim. The management has to rebut all
the contentions raised ... workman by way of oral or documentary evidence. In its written
statement, the management has alleged that workman was given
minimum wages and discharged
wages. The Labour
court after considering the statement of claim put up
by the respondent and written statement of the
petitioner passed an award directing ... termination forthwith in consonance of absentism of the
workman without forwarding any absentee report, show cause
notice or conducted any domestic inquiry is violation
could be restored back to
its original number without notice to the absentee defendant against whom the suit
was already proceeding exparte. Ld. counsel ... apply to the present case as well,
where defendants had filed written statement, thereafter did not appear and only
claimed that they came to know
