SANGHAM TAPE COMPANY Vs. HANS RAJ

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 30-4-2001 passed by a Division Bench of the Punjab and Haryana High Court in Civil Writ Petition No. 8231 of 2000 whereby and whereunder the writ petition filed by the Respondent herein questioning the order of the Labour Court dated 11-5-2000 setting aside an ex parte award in favour of the Respondent herein, was allowed.

(2.) The Respondent was appointed as a Machineman by the Appellant in 1980. The Appellant contended that the Respondent had been absenting from duties off and on but he had been allowed to join his duties in different periods. On or about 9-11-1991, a complaint petition was filed by him through the Trade Union before the Labour Inspector Circle III, Jalandhar on an allegation that the management had not provided him and other similarly situated persons duties since 8-11-1991. The said complaint was registered as Ref. No. 87/91 wherein a settlement was arrived at, pursuant whereto or in furtherance where of the Respondent is said to have received a sum of Rs. 2675.70 in full and final settlement of his dues. Despite the said settlement, on or about 17-11-1992, he allegedly filed a reference petition before the Labour Court, Jalandhar which was marked as Reference No. 87 of 1991, claiming his reinstatement with full back-wages, continuity of service and all consequential service benefits.

(3.) An ex parte award was passed by the said Labour Court on 5-2-1996.