GHULLA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has prayed for issuence of a writ in the nature of certiorari for quashing /modifying the order dated August 17, 1999 (Annexure P -2) passed by the Presiding Officer, Labour Court, Gurdaspur, whereby 25% of the back wages were awarded to him.

(2.) THE petitioner has averred that he joined service as a Mali with respondent Nos, 2 and 3 on January 1, 1982. His services were illegally terminated without any notice, retrenchment compensation, enquiry or charge - sheet with effect from October 1, 1987. Representations were made against the illegal termination and a demand notice dated December 18. 1987 was served. A settlement was arrived at between the parties on April 8, 1988 and the department agreed to reinstate the petitioner with continuity in service. The petitioner reported for duty on April 12,1988. Though he was allowed to join duty, but was not given any work nor was his presence marked and further also was not paid any wages. It has been further averred that on October 11, 1988 an application under Section 33 -C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") was filed by him. Respondent Nos. 2 and 3 contested the claim of the petitioner. The Labour Court held that the settlement dated April 8, 1988 recorded under Section 12(3) of the Act was binding on the department and thus, the workman was entitled to reinstatement in service and also entitled to back wages. The Labour Court allowed the application and directed the official respondents to pay a sum of Rs. 3440/ - as wages to the petitioner for the period from April 12, 1988 to September 30, 1988. A copy of the order dated January 30, 1996 is annexed with the petition as Annexure P -1.

(3.) NOTICE of motion was issued to the respondents. The official respondents filed written statement and contested the claim of the petitioner.