Labour Court, particularly the cross examination of M.W.-1 that there was a denial of employment and also that there was a local mediation by a trade union leader, before approaching the conciliation officer and the same was admitted by the management. Therefore, the Labour Court arrived at a conclusion that there was denial of employment and passed the impugned award directing the management to pay a sum of Rs.1,50,000/- to the petitioner which cannot be interfered with, more so, there is no material evidence to prove the alleged voluntary absence of the workman. Hence, this Court cannot issue any affirmative direction in favour of the petitioner. Though the respondent workman has not stressed upon reinstatement of service, however, in so far as the back wages are concerned, since the respondent was appointed in the petitioner management in the year 1986, considering the service rendered by the respondent for over 25 years, this Court, directs the petitioner management to deposit a sum of Rs.1,50,000/- in full quit to the respondent within a period of six (6) weeks from the date of receipt of a copy of this order.
