ANOOP SHARMA Vs. EXECUTIVE ENGINEER PUBLIC HEALTH DIVISION

JUDGEMENT

(1.) Leave granted.

(2.) The only question which requires consideration in this appeal is whether the Division Bench of Punjab and Haryana High Court erred in upsetting award dated 1.8.2002 passed by Industrial Tribunal-cum-Labour Court, Panipat (hereinafter referred to as "the Labour Court") for reinstatement of the appellant without even recording a finding that the same suffered from any jurisdictional error or violation of the rules of natural justice or was vitiated by an error of law apparent on the face of the record.

(3.) The appellant was engaged/employed by the respondent as Mali-cum- Chowkidar with effect from 11.10.1995. He was paid monthly wages at the rate of Rs. 1900/-. His service was discontinued with effect from 25.4.1998. The dispute raised by the appellant was referred by the Government of Haryana to the Labour Court under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short, "the Act"). In the statement of claim filed by him, the appellant pleaded that he had worked for a period of more than two years and six months; that his service was discontinued with effect from 25.4.1998 without giving him notice or pay in lieu thereof or retrenchment compensation and without complying with mandate of Section 25N of the Act. Another plea taken by the appellant was that no seniority list of the workers had been prepared and persons junior to him, namely, Ramesh, Amarjit, Jagbir and Rohtash were retained in service. In the written statement filed by the respondent, it was pleaded that the services of the appellant and other similarly situated employees were discontinued because the State Government had issued instructions to that effect in the wake of financial crisis. It was further pleaded that the workman was offered compensation along with the letter of termination, but he refused to accept the same and left the station and, therefore, demand draft bearing No. 056997 dated 25.4.1998 for a sum of Rs. 5,491/- was sent at his residence. For the sake of convenient reference, the relevant portions of the written statement, as contained in the paper book of this appeal, are extracted below: