High Court of DelhiW.P.(C)/6508/2003

Inder Daven Dubey v. M/S Sona Papers & ORS.

2017-11-08Cases Pertaining To Special Benches2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6508/2003 INDER DAVEN DUBEY ..... Petitioner Through None.

versus M/S SONA PAPERS & ORS.

..... Respondents Through None.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 08.11.2017 1.

None appears for the parties. It is seen from the record that none has been appearing on the last many dates. 2.

The present Writ Petition assails award dated 19.04.2003 passed by the Presiding Officer, Labour Court-VI, Karkardooma Court, Delhi whereby the learned Labour Court has answered both the references being I.D. No.3/1996 and LCA No.176/1996 against the petitioner-workman. Having perused the impugned award, I find that the Labour Court has found that the petitioner-workman had after serving for about five years with the respondent-Management resigned of his own volition on 05.05.1995 and had accepted a sum of Rs.7,500/- in full settlement of his dues and, therefore, the Labour Court found that there was no question of the respondentManagement terminating the workman and consequently, he was not

found entitled to any relief in I.D. No.3/1996. 3.

The Labour Court also did not find any merit in the claim of the petitioner raised in LAC No. 176/1996. The petitioner had in LAC No. 176/1996 claimed that though his monthly salary was Rs.1800/- but, in fact, he was being paid a sum of Rs.300/- only and the balance sum of Rs.1500/- per month was being retained by the respondentManagement with an understanding that the money so accumulated would be paid to him as and when demanded at the time of his need. 4.

The Presiding Officer after considering the evidence found that in support of this claim the petitioner had not tendered any evidence except his own oral deposition. On the other hand, the respondentManagement had categorically stated that he was being paid his full monthly salary regularly and the claim of the petitioner that a sum of Rs.1500/- retained from his salary was false and without any basis. 5.

In view of the above facts as noted by the learned Labour Court, I find no infirmity in the Award dated 19.04.2003. The present petition is dismissed in default.

REKHA PALLI, J NOVEMBER 8, 2017 saurabh