FAZILKA COOP SUGAR MILLS Vs. JATINDER KUMAR GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant. In the writ petition challenge was to the award dated 10.12.2003 made by the Labour Court, Bhatinda, Punjab. By the said award the respondent No.1-workman was directed to be re- instated in service with continuity of service alongwith 50% back wages from the date of demand notice. Grievance before the High Court was that the appellant was not granted opportunity to lead evidence. It appears that in the writ petition No. 14465 of 2001 the workman was directed to be paid the subsistence allowance. Since the subsistence allowance was not paid the Labour Court decided in favour of the respondent and the appellant was not granted permission to lead evidence. According to the learned counsel for the appellant, the course adopted was illegal. Learned counsel for the respondent-workman, however, supported the orders stating that the order of the Labour Court for payment of subsistence allowance was not illegal and, therefore, the High Court was justified in dismissing the writ petition.

(3.) A few details so far as the factual position is concerned need to be noted.