NICKS INDIA TOOLS Vs. RAM SURAT

JUDGEMENT

(1.) The Government of Punjab referred the following industrial dispute between the workman and management of the appellant herein for adjudication under Section 10(1)(c) of the Industrial Disputes Act, 1947 to adjudication by the Labour Court, Ludhiana in Reference No. 1145/1993:-

(2.) The above dispute arose on a complaint made by the 1st respondent workman that he was working under the appellant management for a period of 12 years and his services were terminated on 12th May, 1993 without any notice, charge-sheet or inquiry. He also contended that he was drawing Rs. 2,750/- per month as his wages at the time of the termination of his services. He prayed for his reinstatement with full back wages and continuity of service.

(3.) The appellant management in the said reference filed a written statement contending that there was no relationship of employee and employer between the 1st respondent herein and the appellant from 12th of May, 1993. Since on the said date the workman voluntarily discontinued his services with the appellant after receiving all his dues in full and final settlement. Certain other preliminary objections, like maintainability of the reference on the ground that the 1st respondent was holding a supervisory post hence an industrial dispute was not maintainable, were also raised. The workman filed his rejoinder to the said written statement.